In re Proving the Last Will & Testament of Levy

Decree reversed on the law, with costs to appellant payable out of the estate, and the matter remitted to the Surrogate’s Court, Queens county, with directions to admit the will to probate. In our former decision (Matter of Levy, 234 App. Div. 868) we held that the proponent madé a prima facie case for the probate of the proposed will. On this appeal it appears that formal proof was made concerning the mental competence of the testatrix and that she was free from restraint; and the signature to the will and the signatures to the attestation clause in the usual form, reciting its due…