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MATTER OF NOWAKOWSKI

1 A.D.2d 250 (1956)

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

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

March 14, 1956.

Attorney(s) appearing for the Case

Edward D. Siemer for appellant.

John J. Nasca for respondents.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and WILLIAMS, JJ.

KIMBALL, J.

We heretofore affirmed the decree of the Surrogate's Court upon the merits (Matter of Nowakowski, 284 App. Div. 655). At that time, a question arose as to whether the trial had was one before the Surrogate or before a clerk in his office and whether the determination embodied in the decree was that of the Surrogate. We stated that we were bound by the stipulated record. By way of dictum, our...

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