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MATTER OF CHERKOFF

9 A.D.2d 557 (1959)

In the Matter of the Probate of The Will of Harry Cherkoff, Deceased. Harry C. Resnick, Respondent, Nettie Halbert, et al., Appellants

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

August 13, 1959

All of the distributees, legatees, and persons beneficially interested in the estate of the testator have agreed upon a distribution of his property and have stipulated by an instrument executed in due form that his will "shall not be offered for probate and shall not be admitted to probate". One of the two executors named in the will, however, has offered the will for probate and the Surrogate has directed its probate against the...

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