MATTER OF WHEELER


13 A.D.2d 528 (1961)

In the Matter of The Estate of Lucy E. Wheeler, Deceased. In the Matter of the Accounting of Robert P. Smith, as Executor of Lucy E. Wheeler, Deceased. Myrtle G. Ely et al., Appellants; Robert P. Smith, as Executor of Lucy E. Wheeler, Deceased, et al., Respondents

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

March 20, 1961


Motion by respondent executor, pursuant to section 309 of the Surrogate's Court Act, (1) to incorporate into the record on appeal a certain "newly discovered" letter written to him by the deceased a few days before the execution of a codicil to her will, or, in the alternative, (2) to appoint a Referee to hear and report as to whether such letter should be made a part of the record.

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