MATTER OF STIASSNI


277 A.D. 848 (1950)

In the Matter of the Probate of The Will of Rudolf Stiassni, Deceased. Gerta Czernin, Individually and as Executrix of Rudolf Stiassni, Deceased, Appellant; Ernest Stiassni et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 13, 1950.


Per Curiam.

Respondents apparently concede that there was no authority for summary judgment in a proceeding of the present nature, but contend that it may be deemed that the Surrogate treated the motion as an application to summarily direct the executrix to comply with the terms of the compromise agreement. Assuming that the Surrogate had the power to make such a summary direction, it does not follow that he would have done so if the proper application had...

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