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MATTER OF OSWALD

24 A.D.2d 465 (1965)

In the Matter of The Estate of Mary J. Oswald, Deceased. Perry Alexander, Appellant; William H. Oswald, as Executor of Mary J. Oswald, Deceased, Respondent

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

June 7, 1965

Decree affirmed, with costs to the executor payable out of the estate, on the opinion of the Surrogate (43 Misc.2d 774).

Brennan and Hopkins, JJ., dissent and vote to reverse the decree and to remit the proceeding to the Surrogate's Court, Nassau County, for a further hearing upon the issues, with the following memorandum: Although the preliminary hearing before the Surrogate was held to determine the issue of the alleged common...

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