In re the Estate of Sylvestri

In a probate proceeding, the petitioner appeals from a decree of the Surrogate’s Court, Westchester County, dated August 5, 1975, which, inter alia, dismissed the petition for probate, upon a jury verdict. Decree affirmed, without costs or disbursements, on the opinion of Surrogate Brewster. Margett, Damiani and Rabin, JJ., concur; Cohalan, Acting P. J., dissents and votes to reverse the decree and remand the proceeding to the Surrogate’s Court for a new trial, with the following memorandum, in which Titone, J., concurs: The fact situation in this case is akin to that of a prizefighter who…