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MATTER OF SCHULMAN

31 A.D.2d 985 (1969)

In the Matter of the Probate of The Will of Pearl E. Schulman, Deceased. Walter H. Schulman, Appellant. Aubrey M. Evans et al., Respondents

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

March 10, 1969

Per Curiam.

We perceive no reason to disturb the exercise of the Surrogate's Court's discretion in denying the stay requested. Matter of Mann (24 A.D.2d 780) and Matter of Tebin (7 A.D.2d 720), upon which appellant relies, are clearly inapposite, as appears from the memorandum decisions therein. The order, however, should have provided for the framing of issues, in advance...

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