MATTER OF CENCEVIZKY


8 A.D.2d 635 (1959)

In the Matter of The Estate of Walter Cencevizky, Deceased. Tanya K. Cencevizky, Appellant; Elizabeth Taylor, as Executrix of Walter Cencevizky, Deceased, Respondent

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

April 27, 1959


Decree insofar as appealed from reversed, and proceeding remitted to the Surrogate's Court for the purpose of taking such additional proof as may be available on the issue of abandonment, and making a determination in the light of all the proof adduced. Proof that appellant left decedent without his consent should be developed at greater length. On making the determination, while not mandatory, it would be of material assistance on any subsequent appeal if the learned Surrogate...

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