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MATTER OF BRINKMANN

21 N.Y.2d 804 (1968)

In the Matter of The Estate of Henry Brinkmann, Deceased. Augusta De La Meilleure, Respondent; Joseph J. Jarrard, Appellant, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 15, 1968.

Attorney(s) appearing for the Case

Charles B. McGroddy, Jr., for appellant.

Charles V. McDonald for Augusta De La Meilleure, respondent.

No appearance for remaining respondents.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.

Order reversed and the petition dismissed, with costs against petitioner-respondent, on the dissenting opinion at the Appellate Division. We disagree with the rule stated in Matter of Elwyn (285 App. Div. 91) with respect to application of paragraph (d) of subdivision 1 of section 140 of the Surrogate's Court Act. Question certified answered in...

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