In re Proving the Will of Dybalski 234 N.Y. 510

In the Matter of Proving the Will of Michalina Dybalski, Deceased. Stanislaw Dybalski et al., Appellants; Jozefa Marchlewicz, as Executrix, Respondent.

Will — sufficiency of publication.

Matter of Dybalski, 199 App. Div. 677, affirmed.

(Argued June 2, 1922;

decided July 12, 1922.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 13, 1922," which affirmed a decree of the Erie County Surrogate’s Court admitting to probate the will of Michalina Dybalski, deceased. Objection was made to probate of the will upon the ground of insufficient publication in that the testatrix spoke Polish and one of the witnesses did not understand that language. The Appellate Division held that “ All the surrounding circumstances show clearly that the testatrix and both witnesses understood that she was making her will, that it was read to and approved by her, that she said it was her will and expressed a wish that these men sign it as her witnesses which they did in her presence and in the presence of each other.”

Henry Adsit Bull for appellants.

Frank M. Spitzmiller for respondent.