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MATTER OF HOFFER

10 Misc.2d 311 (1958)

In the Matter of The Estate of Elizabeth D. Hoffer, Deceased.

Surrogate's Court, Kings County.

March 3, 1958.

Attorney(s) appearing for the Case

Edward L. Condren for Walter L. Flynn, petitioner.

Daniel G. Connolly for Public Administrator.

MAXIMILIAN MOSS, S.

Decedent's maternal uncle has applied for letters of administration on her estate. The proof establishes that decedent and her husband died in a common disaster on November 28, 1957. No proof is submitted as to who died first. In such circumstances her estate will be distributed as if she survived her husband (Decedent Estate Law, § 89, subd. 1; Matter of Dunham, 188 Misc. 1026; 188 Misc. 1027; Matter of Gerasimoff<...

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