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MATTER OF LUCKENBACH

35 Misc.2d 122 (1962)

In the Matter of The Estate of Edgar F. Luckenbach, Deceased.

Surrogate's Court, Nassau County.

May 23, 1962

Attorney(s) appearing for the Case

Strasser Spiegelberg Fried & Frank (Lawrence Rosenthal of counsel), for petitioner. Bentley & Owens (Robert W. Owens, Jr., of counsel), for Edgar F. Luckenbach, Jr. Brennan & Korshin (Jack Korshin of counsel), for Andrea F. Luckenbach. Cullen & Dykman for Manufacturers Hanover Trust Co. as committee for Susan V. Luckenbach, creditor. Townley Updike Carter & Ridgers (Joel Camche of counsel), for Elizabeth N. Graham and another. Cleary Gottlieb & Steen (Joseph Chase of counsel), for George E. Cleary. Daniel A. Shirk in person.

JOHN D. BENNETT, S.

Motions by order to show cause to vacate a subpœna duces tecum served upon a former attorney for the executor, insofar as it requests the production of "correspondence" under item No. 1 on the ground that such correspondence by the attorney and the executor is privileged under section 353 of the Civil Practice Act.

The privilege of the client against disclosure by his attorney...

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