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MATTER OF CHOPITEA

35 Misc.2d 248 (1962)

In the Matter of The Estate of Antonio Chopitea, Deceased.

Surrogate's Court, New York County.

April 6, 1962

Attorney(s) appearing for the Case

Breed, Abbott & Morgan (Thomas W. Kelly and Robert A. Hendrickson, Jr., of counsel), for Gordon Sarre, as temporary administrator and executor, petitioner. Sullivan & Cromwell (Hamilton F. Potter, Jr., and Samuel W. Ingram, Jr., of counsel), for Carmen R. Leguia, respondent. Milbank, Tweed, Hope & Hadley (Alexander D. Forger of counsel), for Ines C. L. de Dasso, respondent. Grace Kelly Santo, as special guardian for Antonio R. Chopitea, an infant, respondent. N. Holmes Clare, as special guardian for Rose M. C. Leguia, an infant, respondent.

JOSEPH A. COX, S.

This motion is to dismiss, upon jurisdictional grounds, a proceeding for the probate in this court of an instrument propounded as the last will of the decedent. The decedent died on June 22, 1961 in New York City leaving a testamentary instrument, dated April 26, 1961, drawn and executed in this city and naming a New York County resident as executor and a New York County resident as sole beneficiary...

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