MATTER OF SCHELL


278 A.D. 876 (1951)

In the Matter of the Probate of The Will of Richard M. Schell, Deceased. Alice S. Porcher, Appellant; Bank of New York & Fifth Avenue Bank, Individually and as Executor of and Trustee under The Will of Richard M. Schell, Deceased, et al., Respondents

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

May 9, 1951.


Order of December 1, 1950 (277 App. Div. 1155) granting permission to appeal to the Court of Appeals resettled to provide the certification of the following question of law which is decisive of the correctness of the determination of this court: "Was the Surrogate required, as a matter of law on the record presented to him, to revoke the decree of probate?" The court further certifies that the questions of fact and discretion raised on this appeal were considered and the...

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