MATTER OF FITZGERALD v. WELLS


14 Misc.2d 435 (1958)

In the Matter of Edmund Fitzgerald, Petitioner, v. Lott H. Wells, as Surrogate of St. Lawrence County, et al., Respondents.

Supreme Court, Special Term, St. Lawrence County.

October 27, 1958.


Attorney(s) appearing for the Case

Scanlon, Wright, Willmott & Aylward (Daniel Scanlon of counsel), for petitioner.

Giles, Fuller & Goodwin (Clarence F. Giles, Jr., of counsel), for Harold J. Smith, respondent.

William S. Crapser, County Attorney, for Lott H. Wells, respondent.


FELIX J. AULISI, J.

This is an application pursuant to article 78 of the Civil Practice Act for a restraining order in the nature of a writ of prohibition directed against the respondent Lott H. Wells, as Surrogate of St. Lawrence County, to hear and determine the application of the respondent Harold J. Smith, as administrator c.t.a. of the estate of Mary V. Wert, deceased, to have fixed and determined the compensation of the petitioner Edmund...

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