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MATTER OF JOHNSON

44 Misc.2d 74 (1964)

In the Matter of The Estate of Willis L. Johnson, Deceased.

Surrogate's Court, New York County.

September 8, 1964

Attorney(s) appearing for the Case

Julius A. Archibald for petitioner. Joseph T. Arenson for Public Administrator, County of New York.

S. SAMUEL DI FALCO, S.

The widow of the decedent seeks a vacatur of the decree issuing letters of administration to the brother of the decedent, the reopening of her default, and the issuance of letters to her. There is sufficient basis in the record to excuse the petitioner's default. There is no doubt that the petitioner was married to the decedent, that she never instituted a proceeding for divorce, and that...

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