MATTER OF MORTILLARO


5 A.D.2d 875 (1958)

In the Matter of The Estate of Casper Mortillaro, Deceased. Joseph Mortillaro, as Administrator C. T. A. of The Estate of Casper Mortillaro, Deceased, et al., Appellants; Thomas A. Mortillaro, Respondent

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

March 10, 1958


The surety on the bond of the administrators, joined by one of the administrators, moved to dismiss the petition upon the ground that the court does not have jurisdiction of the controversy or, in the alternative, to direct petitioner to bring in as parties all persons interested in the estate and in the controversy. The court denied the motion to dismiss but granted the alternative relief to the extent of providing that the surety...

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