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MATTER OF BISSELL

58 Misc.2d 246 (1968)

In the Matter of The Estate of Arthur D. Bissell, Deceased.

Surrogate's Court, Erie County.

October 24, 1968

Attorney(s) appearing for the Case

Hetzelt, Watson & McGarvey (Joseph L. Watson of counsel), for Paul B. Davis, copetitioner. Miles, Cochrane, Grosse, Rosetti & Lord (Raymond T. Miles of counsel), for Arthur D. Bissell, III, copetitioner. Brennan & Brennan (William R. Brennan of counsel), for Elizabeth W. Bissell and others. Saperston, Wiltse, Duke, Day & Wilson (Howard T. Saperston of counsel), for beneficiaries under the will. Arthur F. Musarra, guardian ad litem.

WILLIAM J. REGAN, S.

This proceeding results from a previous decision (57 Misc.2d 220) of this court wherein it was stated that withdrawals of waivers to the probate of the will of the above decedent must be made by separate application rather than by a mere formal request for such withdrawal.

The will of decedent, dated January 7, 1966, was filed in this court for probate on January 25, 1968. Prior to such...

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