MATTER OF BAUM


11 Misc.2d 934 (1958)

In the Matter of the Probate of the Will of Alwin E. Baum, Deceased.

Surrogate's Court, Nassau County.

February 25, 1958.


Attorney(s) appearing for the Case

Walter J. A. Mack for executor.

Dubensky & Dubensky for Florence Moxon, contestant.

Robert M. Blakeman, respondent in person.


JOHN D. BENNETT, S.

The petitioner moves "for an order striking from the objections item `4' and all matters therein alleging undue influence and fraud". The notice of motion does not comply with the requirements of section 280 of the Civil Practice Act nor does it state whether the application for relief is sought pursuant to rules 109 or 112 of the Rules of Civil Practice. However, whether considered as a motion brought pursuant to either or both of...

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