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MATTER OF COLLINS

60 N.Y.2d 466 (1983)

In the Matter of The Estate of Bertha A. Collins, Deceased.

Court of Appeals of the State of New York.

Decided December 20, 1983.

Attorney(s) appearing for the Case

Samual J. Civiletto for William G. Mayne, appellant.

Paul H. Reid, Jr., for Robert G. Hoffman and another, respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judge SIMONS taking no part.

KAYE, J.

A will may be admitted to probate notwithstanding the failed or imperfect memory of both attesting witnesses.

Bertha A. Collins died on June 4, 1981 leaving as her sole distributees respondents, Richard and Robert Hoffman, her nephews. The Hoffmans offered a 1951 will for probate, under which Mrs. Collins left her entire estate to her husband, who had predeceased her. Appellant, William Mayne...

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