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MATTER OF RANK

24 A.D.2d 660 (1965)

In the Matter of The Estate of Gertrude Rank, Deceased. Eugene Klein et al., Appellants; Benedict J. Rank, Respondent

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

July 8, 1965

Per Curiam.

There is no serious dispute as to chronology. The case was marked ready for trial at the opening of the February 1964 Term of Supreme Court in Warren County and on the 7th placed on the Day Calendar at which time the possibility of withdrawal of the objections to the proposed will was discussed. On February 11 the attorney for the contestants advised the attorney for the proponent that one of his witnesses was ill and was in turn advised that any...

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