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MATTER OF PEART

277 A.D. 61 (1950)

In the Matter of The Estate of Elizabeth J. Peart, Deceased. Roland Peart, Also Known as James Peart, Respondent; Annie Jones, Appellant

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

June 6, 1950.

Attorney(s) appearing for the Case

Theodore S. Simpson of counsel (Irving Gromer with him on the brief; Theodore S. Simpson, attorney), for appellant.

Albert W. Richman for respondent.

PECK, P. J., concurs with SHIENTAG, J.; VAN VOORHIS, J., concurs in opinion; CALLAHAN, J., dissents and votes to reverse in opinion in which GLENNON, J., concurs.

SHIENTAG, J.

This contest concerns the administration of the estate of the decedent, Elizabeth Jones Peart, who at the time of her death on April 3, 1949, and for some years prior thereto, was a resident of New York. The petitioner, Roland Peart, also known as James Peart, applied for letters of administration as the surviving husband of the decedent. In this he was opposed by the objectant-appellant, a sister...

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