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MATTER OF LEIGH

21 A.D.2d 740 (1964)

In the Matter of the Construction of The Will of Lansford L. Leigh, Deceased. Marine Trust Company of Western New York, Appellant; Margaret L. Hartom et al., Respondents

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

May 21, 1964

Appeal unanimously dismissed, without costs.

Memorandum:

The appellant is not a party aggrieved as defined in section 288 of the Surrogate's Court Act. The decision in Matter of Venblow (2 A.D.2d 365) should not be extended beyond its precise factual situation. The proceeding is properly before the Surrogate, who has ample authority to determine the questions involved. There are many reasons, such as the preparation...

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