MATTER OF TURTON


30 Misc.2d 96 (1961)

In the Matter of The Estate of Robert S. Turton, Deceased.

Surrogate's Court, New York County.

March 30, 1961 and April 5, 1961


Attorney(s) appearing for the Case

Bernard B. Smith and Franklin M. Desser for Government of British Honduras, petitioner. George S. Goldberg and Schwartz, Nathanson & Cohen for Harold S. Penso, respondent. Lawrence Milberg for Muriel Bladen, respondent. Fried & Fried for Margaret R. Turton and another, respondents. Arenson & Gelinas (Waldemar J. Dittmer of counsel), for Thomas I. Fitzgerald, Public Administrator of the County of New York, respondent. Louis J. Lefkowitz, Attorney-General (Tony Berman of counsel), for State of New York, respondent. Samuel A. Spiegel, as special guardian for Diana Turton and others, infants, respondent. Maxwell J. Eile, as special guardian for unknown infants and incompetents, respondent.


S. SAMUEL DI FALCO, S.

The Government of British Honduras, which was granted permission by the Court of Appeals to intervene in the pending probate proceeding (8 N.Y.2d 311), moves to dismiss the petition for probate of the will on the ground: first, that this court has no jurisdiction to entertain the proceeding, or second, if it has jurisdiction, that it should decline, in...

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