¶1Decree of the Surrogate’s Court of Kings county, in so far as appealed from, reversed on the law and a new trial ordered, with costs to appellants, payable out of the estate, to abide the event. Dr. Staffer did not qualify as an alienist; therefore, his testimony was erroneously received. He could not legally testify as to the mental competency of the decedent. (Wyse v. Wyse, 155 N. Y. 367; Matter of McCullough, 226 App. Div. 680.) Lazansky, P. J., Carswell and Scudder, JJ., concur; Kapper and Hagarty, JJ., dissent and vote to affirm.
241 A.D. 819
In re Egan
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1934
Appellate Division of the Supreme Court of the State of New York · decided 1934-04-15
Relies on 9 E.H. Smith 367 - Wyse v. . Wyse
Decided 1934-04-15