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MATTER OF BERRY

33 A.D.2d 751 (1969)

In the Matter of The Estate of Irma M. Berry, Deceased. Vermont Thorpe Camp for Crippled Children, Inc., Appellant, Robert W. Owens, Jr., as Executor of Irma M. Berry, Deceased, et al., Respondents

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

December 4, 1969

Surrogate's Court decree, entered May 13, 1969, affirmed, with costs and disbursements payable out of the estate to all parties filing briefs.

We fully agree with the Surrogate's conclusion that the order of Supreme Court, entered June 17, 1968, is "permissive of the acts taken by the Committee of the incompetent spouse in filing the election on behalf of the incompetent under both statutes" (former Decedent Estate Law, §§ 17, 18-b). No further order of...

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