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MATTER OF GEIGER

7 N.Y.2d 109 (1959)

In the Matter of The Estate of Emil Geiger, Deceased. Imra Kaszaras et al., Appellants; Bernard J. Goldberger et al., as Executors of Emil Geiger, Deceased, Respondents.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Cornelius F. Gustav, in person, and A. J. Dell'Aquila for Cornelius F. Gustav and others, appellants.

Edward Elman, Theodore Ornstein and Joseph Trachtman for respondents.

Chief Judge CONWAY and Judges DESMOND, VAN VOORHIS and BURKE concur with Judge DYE; Judge FROESSEL dissents in an opinion in which Judge FULD concurs.

DYE, J.

The individual petitioners, except Cornelius F. Gustav, are all presently citizens of and reside in Hungary and are distributees of the estate of Emil F. Geiger, deceased. Their distributive shares aggregating $29,166.70 are being withheld by the Surrogate, pursuant to section 269 of the Surrogate's Court Act, for reasons stated in Matter of Herz (7 Misc.2d 217

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