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MATTER OF COLLINS

12 A.D.2d 307 (1961)

In the Matter of The Estate of Frederick A. Collins, Deceased. Frederick Arthur Collins, Jr., et al., Individually and as Executors of Frederick A. Collins, Deceased, Appellants-Respondents; Lucia B. Collins, Respondent-Appellant

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

February 21, 1961.

Attorney(s) appearing for the Case

Philip Feldman of counsel (M. James Spitzer and Robert S. Levy with him on the brief; Reich, Spitzer & Feldman, attorneys), for appellants-respondents.

Philip Handelman (John I. Coster of counsel), for respondent-appellant.

BREITEL, J. P., RABIN, VALENTE, STEVENS and EAGER, JJ., concur.

Per Curiam.

The petitioners, executors under the last will and testament of the decedent, appeal, and the respondent, alleged widow of the decedent, cross-appeals from an order of the Surrogate's Court, New York County, entered August 8, 1960. Said order, among other things, denied the respondent's motion and the petitioners' cross motion for summary judgment in a proceeding seeking, among other relief, a decree determining...

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