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MATTER OF KLEEFELD

55 N.Y.2d 253 (1982)

In the Matter of The Estate of Georges Kleefeld, Deceased. Denise Stork, Appellant; Joseph De Mul et al., Respondents.

Court of Appeals of the State of New York.

Decided February 25, 1982.

Attorney(s) appearing for the Case

Cameron K. Wehringer and Claude Henry Kleefield for appellant.

Donald H. Zuckerman for Joseph De Mul, respondent.

Robert Abrams, Attorney-General (Charles Brody and Shirley Adelson Siegel of counsel), for ultimate charitable beneficiaries, respondent.

Paul Richard Karan and Jorene R. Frenkl for New York Eye and Ear Infirmary, respondent.

Chief Judge COOKE and Judges GABRIELLI and JONES concur with Judge WACHTLER; Judge MEYER dissents and votes to affirm in a separate opinion in which Judge JASEN concurs; Judge FUCHSBERG taking no part.

WACHTLER, J.

The question presented on this appeal is whether a lost will may be admitted to probate upon the submission of a conformed copy of the original will and the testimony of one witness which does not establish the actual substantive provisions of the will independently of the copy. The Appellate Division held that the proof was sufficient to permit the lost will to be admitted to probate. We reverse...

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