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MATTER OF BOBULA

25 A.D.2d 241 (1966)

In the Matter of The Estate of Marian Bobula, Also Known as Maryann Bobula, Deceased In the Matter of The Estate of John Bobula, Deceased Claire McGann, as Executrix of Marian Bobula, Also Known as Maryann Bobula, Appellant-Respondent; Louis J. Pikul, as Executor of John Bobula, Respondent-Appellant

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

March 31, 1966.

Attorney(s) appearing for the Case

Jacob Jacobson for appellant-respondent.

John J. Olszewski and John La Duca for respondent-appellant.

WILLIAMS, P. J., GOLDMAN, HENRY and MARSH, JJ., concur.

BASTOW, J.

By a prior decree in these two estate proceedings that is not before us for review, the Surrogate determined that the decedents (husband and wife) died simultaneously on August 28, 1964. Thereafter the respective representatives of the estates submitted a controversy to the Surrogate upon an agreed statement of facts (CPLR 3222). The dispute centered upon the ownership of 10 separately described assets...

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