General
In the Matter of the Probate of the Last Will and Testament of Elizabeth McManus, Late of the County of Nassau, Deceased. Johanna Burnett, Appellant; Maurice Herbert and Others, Respondents
132 A.D. 936·New York Supreme Court, Appellate Division·1909·NY
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Opinion
In the Matter of the Probate of the Last Will and Testament of Elizabeth McManus, Late of the County of Nassau, Deceased. Johanna Burnett, Appellant; Maurice Herbert and Others, Respondents.
[MAJORITY]
—Decree of the Surrogate’s Court of Hassau county affirmed, with costs. Ho opinion. Gaynor, Burr, Rich and Miller, JJ., concurred; Hirschberg, P. J., dissented on the ground of the conflicting findings to the effect that the deceased was of sound and disposing mind and memory, and also afflicted with senile dementia on the day the will was executed.