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MATTER OF HAAS

33 A.D.2d 1 (1969)

In the Matter of The Estate of Elizabeth M. Haas, Deceased

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

October 23, 1969.

Attorney(s) appearing for the Case

Daniel Scanlon and Henry H. Willmott for Ruth K. Child and National Bank of Northern New York.

Dunk, Conboy, McKay & Bachman (Lawrence Conboy of counsel), in person and for the Watertown Cemetery Association.

Fuller, Giles, Maloney, Marsh & Goodwin (Roy A. Fuller and Clarence F. Giles, Jr., of counsel), in person and for the Rector, Church Wardens and Vestrymen of "Trinity Church".

Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman of counsel), for the New York State Cemetery Board and Division of Cemeteries and charitable beneficiaries.

Leon Schwerzmann, Jr., in person.

GOLDMAN, P. J., DEL VECCHIO, WITMER, GABRIELLI and BASTOW, JJ., concur.

Per Curiam.

This is a proceeding instituted by order requiring the Surrogate of Jefferson County to show cause (1) why he should not be restrained from further acting on the ground of his incapacitation as such judicial officer as to matters now pending in this estate or which may be presented subsequently therein and (2) why an opinion of the Surrogate dated June 26, 1969 should not be expunged. A proper understanding...

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