MATTER OF EMBERGER


24 A.D.2d 864 (1965)

In the Matter of Conrad Emberger, Deceased. Edward A. Broderick, as Administrator of The Estate of Elizabeth Emberger, Deceased, Appellant; Helen Eklund, as Trustee, et al., Respondents

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

November 1, 1965


Order, insofar as appealed from, reversed, with costs to all parties filing separate briefs, payable out of the trust, and motion denied in its entirety.

The Surrogate apparently struck out certain of the objections, as aforesaid, on the ground that the same were irrelevant, as contended by the trustees. Since the advent of the CPLR, however, which is applicable to the Surrogate's Court (CPLR 101; Surrogate's Ct. Act, § 316), a motion does not lie to strike out...

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