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MATTER OF ASHBY

138 Misc.2d 413 (1988)

In the Matter of The Estate of Neal T. Ashby, Deceased.

Surrogate's Court, Nassau County.

January 28, 1988

Attorney(s) appearing for the Case

James P. Rice for executor. Fletcher, Dunne, Sibell & Migratz, P. C., for Leslie Ashby. Robert M. Blakeman & Assocs., guardian ad litem, for Caroline Ashby. Phyllis A. Crane, guardian ad litem, for Donovan Wickline.

C. RAYMOND RADIGAN, J.

In this probate proceeding the guardian ad litem for an infant distributee raises a question concerning the application of EPTL 5-3.2. A hearing was held concerning the issues raised.

The decedent, Neal Ashby, was survived by his wife, Leslie, and three children, Laurel Dann, Lucianne Wickline (issue of a prior marriage) and Caroline Ashby, an infant. The instrument offered for probate is dated April 19, 1983 prior to the...

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