MATTER OF NOWAKOWSKI


286 A.D. 951 (1955)

In the Matter of The Estate of Alexandra Nowakowski, Deceased. Louis Szczukowski et al., as Executors of Alexandra Nowakowski, Deceased, Respondents; Felix Nowakowski, Appellant

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

July 15, 1955.


Order reversed, with $10 costs and disbursements payable out of the estate and matter remitted to the Surrogate's Court with directions to enter an order granting the motion.

Memorandum:

It appears uncontradicted that the record does not correctly state the facts which were before the Surrogate at the time he rendered his decision. In that situation the appellant is entitled to have the record corrected so as to state the uncontradicted facts which were before...

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