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MATTER OF RUSSELL

9 Misc.2d 67 (1957)

In the Matter of the Probate of the Will of Myrtle S. Russell, Deceased.

Surrogate's Court, Nassau County.

October 17, 1957.

Attorney(s) appearing for the Case

Jacob S. Chalat for John M. Russell and others.

Brennan Gibson & Korshin for Pierre Baert, petitioner-proponent.

E. Frank Lawkins for Ethel S. Cissel, temporary administratrix and objectant.

M. Rudolph Preuss, special guardian.

Sullivan & Scholly for Franklin National Bank.

JOHN D. BENNETT, S.

This is a notice of motion on behalf of John F. Russell, one of the legatees under the propounded instrument, for an examination before trial of the contestant herein as an adverse party, and also for an examination before trial of Ethel Storm, a resident of York, Pa., as a necessary witness on open commission (Civ. Prac. Act, §§ 288, 294).

The question presented by this probate is whether the will was revoked by...

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