255 A.D. 709 | N.Y. App. Div. | 1938
Proceeding instituted in the Surrogate’s Court of Kings county by petitioner, here respondent, for the probate of the alleged last will and testament of the deceased. In her first petition the petitioner sought admission to probate of an unattested letter written to her by the decedent, then a soldier in actual military service. In a supplemental petition and, still later, in an amended supplemental petition filed, she sought the admission to probate of an alleged nuncupative will of the decedent. Objections were filed by the Consul General of the Republic of Poland, as attorney in fact for certain next of kin of the decedent, here sole appellants, and by the special guardian of certain infant next of kin, here respondents. After a trial of the issues thus joined, a decree was entered (1) admitting to probate as the last will and testament of the deceased, valid to pass personal property, the unattested letter written by him to the petitioner, dated September 20, 1917; (2) revolting letters of administration theretofore issued to the petitioner and another, as administrators of the goods, chattels and credits of the deceased, and directing the issuance to the petitioner of letters testamentary according to the tenor of the will, upon her filing a bond in the sum of 820,000; and (3) awarding sums of money to the special guardian for his services as such and to the stenographer for minutes furnished to the surrogate pursuant to sections 27 and 30 of the Surrogate’s Court Act. From that decree the objectants Consul General and the next of Mn, for whom he is attorney in fact, appeal. Decree modified (a) by striking therefrom the provision which directs the admission to probate of the unattested letter of September 20, 1917, from the decedent to the
