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MATTER OF McCABE

205 Misc. 198 (1953)

In the Matter of Franklin M. White et al., as Executors of Hazel McCabe, Deceased.

Surrogate's Court, New York County.

December 4, 1953.

Attorney(s) appearing for the Case

Bannister, Stitt, Holloway & Krause for executors, petitioners.

Herman Odell for Terrence W. McCabe, respondent.

Walter L. Post for Franklin M. White, individually, respondent.

Joseph Schrieber and Stephen N. Hume for Memorial Center for Cancer and Allied Diseases, respondent.

Sincerbeaux & Shrewsbury for New York Institute for Education of the Blind, respondent.

Davis, Polk, Wardwell, Sunderland & Kiendl for Seeing Eye, Inc., respondent.

Lester C. Gelinas, special guardian for Russell White and others, infants, respondents.

FRANKENTHALER, S.

The sole issue herein is whether objectant, decedent's natural father, has status under section 17 of the Decedent Estate Law to contest charitable bequests in excess of one half of the estate or whether he has forfeited his rights by consenting to decedent's adoption.

The facts have been stipulated. In 1914, when decedent was two years old, objectant and decedent's maternal grandparents...

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