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MATTER OF DIX

15 Misc.2d 194 (1959)

In the Matter of the Probate of the Will of Monroe L. Dix, Deceased.

Surrogate's Court, Rensselaer County.

January 22, 1959.

Attorney(s) appearing for the Case

Kadel, Wilson & Potts (David M. Potts and Abraham Wilson of counsel), for David Anchin, proponent.

Krause, Hirsch, Gross & Heilpern (George J. Hirsch and Max Berey of counsel), for Rose Selby, contestant.

Joseph B. Mulholland for Elynor M. Dix, proponent.

MAURICE D. ISENBERGH, S.

The objectant pursuant to rule 113 of the Rules of Civil Practice moved for summary judgment. The motion may be properly brought in Surrogate's Court (Surrogate's Ct. Act, § 316; Matter of Pascal, 309 N.Y. 108; Matter of Fishkind, 271 App. Div. 1013; Matter of Doepfer. 14 Misc.2d 898).

A preliminary examination of the three...

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