MATTER OF STACER


10 A.D.2d 810 (1960)

In the Matter of the Probate of The Will of Charles E. Stacer, Deceased, Lincoln Rochester Trust Company, Appellant; C. Burton Newman et al., Respondents

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

March 16, 1960


Order unanimously reversed, with $10 costs and disbursements payable out of the estate and matter remitted to the Surrogate's Court for further proceedings in accordance with the memorandum,

Memorandum:

Consolidation of the probate proceedings before the Surrogate would result in unnecessary litigation. The validity of the last codicil should be first determined in accordance with the practice in Surrogate's Courts to deal first with the proceedings relating...

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