MATTER OF GARFIELD


30 A.D.2d 203 (1968)

In the Matter of the Probate of The Will of Ethel K. Garfield, Deceased. Jerome P. Weiss, Appellant; Naomi Tratman et al., Respondents

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

June 20, 1968.


Attorney(s) appearing for the Case

Irving J. Roth for appellant.

I. Russell Stein of counsel (Irwin D. Jackson with him on the brief; Bondy & Schloss, attorneys), for respondents.

STEUER, J. P., TILZER, McGIVERN and McNALLY, JJ., concur.


RABIN, J.

In this probate proceeding the appellant submitted various objections. His appearance was filed as "Jerome P. Weiss designated in the petition for probate as the former spouse of Ethel K. Garfield, deceased, but in fact her surviving husband with whom she lived as his wife until the date of her death."

The preliminary executors moved to vacate the appearance, claiming in effect that appellant...

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