New York Court of Appeals July 11, 1916 (Wadsworth v. . Hinchcliff)

Seabury, J.

This action was brought to partition real estate and to set aside the last will and testament of Frank Gr. Wadsworth, deceased. The testator died April 10th, 1913, seized of real estate. In 1912 he made his last

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‘ will under the provisions of which, after providing for-certain legacies, he gave all the residue of his property, real and personal, to E.