General
In the Matter of the Petition of Mary Egan to Prove the Last Will and Testament of Annie C. Lindou, Also Known as Annie Cosgrove, Late of the County of Kings, Deceased, Respondent. Charles I. Lindou and Others, Appellants
241 A.D. 819·New York Supreme Court, Appellate Division·1934·NY
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Opinion
In the Matter of the Petition of Mary Egan to Prove the Last Will and Testament of Annie C. Lindou, Also Known as Annie Cosgrove, Late of the County of Kings, Deceased, Respondent. Charles I. Lindou and Others, Appellants.
[MAJORITY]
Decree of the Surrogate’s Court of Kings county, in so far as appealed from, reversed on the law and a new trial ordered, with costs to appellants, payable out of the estate, to abide the event. Dr. Staffer did not qualify as an alienist; therefore, his testimony was erroneously received. He could not legally testify as to the mental competency of the decedent. (Wyse v. Wyse, 155 N. Y. 367; Matter of McCullough, 226 App. Div. 680.) Lazansky, P. J., Carswell and Scudder, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm.