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MATTER OF SZABO

10 N.Y.2d 94 (1961)

In the Matter of The Estate of Elizabeth Szabo, Deceased. Wolfgang S. Szabo, Appellant; Honey Wiesel, as Executrix of Elizabeth Szabo, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 7, 1961.

Attorney(s) appearing for the Case

Hyman Roffe for appellant.

Abraham J. Hirschsprung for Honey Wiesel, executrix, respondent.

Joseph Aranow for Robert Ullman and others, respondents.

John E. Quinn, special guardian for infants, respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

FOSTER, J.

This proceeding was brought under section 206-a of the Surrogate's Court Act to compel the respondent executrix to deliver to petitioner, who is the appellant here, a certificate for 366 shares of stock of the American Telephone & Telegraph Company, claimed to have been the subject of a gift inter vivos. The Surrogate's Court of Bronx County dismissed the petition and the Appellate Division...

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