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MATTER OF NOVIE

22 A.D.2d 331 (1965)

In the Matter of The Estate of Lena Novie, Deceased In the Matter of The Estate of Sam Novie, Deceased Al Novie et al., Appellants; Frances Bergman, Respondent

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

January 12, 1965.

Attorney(s) appearing for the Case

Oppenheim & Oppenheim (Stephen L. Oppenheim of counsel), for appellants.

Goldstein & Goldstein (Carl P. Goldstein and Benjamin M. Goldstein of counsel), for respondent.

GIBSON, P. J., HERLIHY, TAYLOR and HAMM, JJ., concur.

REYNOLDS, J.

This is an appeal from an order of the Surrogate's Court of Sullivan County consolidating the proceedings in the estates of Sam and Lena Novie, husband and wife, and authorizing the issuance of letters of temporary administration in the proceedings so consolidated.

In 1958 Lena and Sam Novie executed a joint will. Lena Novie died September 30, 1963 and a proceeding to probate the will was...

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