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MATTER OF VENBLOW

2 A.D.2d 365 (1956)

In the Matter of The Estate of Maude E. Venblow, Deceased. Frederick Spollett, as Executor of Maude E. Venblow, Deceased, et al., Appellants; Irene Anderson et al., Respondents

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

October 31, 1956.

Attorney(s) appearing for the Case

John M. Barrett for executor, appellant.

Samuel C. Alessi for William Kent and as special guardian for Linda Lou Kent, an infant, appellants.

Albert J. Tener for respondents.

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

VAUGHAN, J.

This proceeding in Surrogate's Court is entitled "In the Matter of the Petition of Irene Anderson and Raymond Anderson to Compel Specific Performance of Contract and to Compel Payment for Services Rendered upon the Estate of Maude E. Venblow, Deceased." The petition is not verified. The record contains no citation or order to show cause. The petition alleges that on August 9, 1952, decedent "orally...

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