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24 A.D.2d 797 (1965)

In the Matter of The Estate of Alice L. Case, Deceased. Myra Freisem et al., Appellants; Paul M. Donovan, Respondent

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

October 22, 1965

AULISI, J.

Appellants contend that the denial of an adjournment was an abuse of discretion and that the trial in Surrogate's Court was defective because one of the appellants, a first cousin of the testatrix once removed, was not present. In view of the previous delay in these proceedings; the order of this court on March 15, 1965, to set the case down for trial (Matter of Case, 23 A.D.2d 718); the adequate notice...

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