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MATTER OF FITZGERALD

23 N.Y.2d 973 (1969)

In the Matter of The Estate of Mary E. Fitzgerald, Deceased. Erica Brooks et al., Appellants; James P. Fitzgerald et al., Respondents.

Court of Appeals of the State of New York.

Decided February 20, 1969.

Attorney(s) appearing for the Case

Charles E. Cooney, Jr., for Order Minor Conventuals, appellant.

E. Stewart Jones and Milton B. Knox for Erica Brooks, appellant.

Jacob M. Frankel and Henry Levine for James P. Fitzgerald and others, respondents.

No appearance for remaining respondents.

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

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate...

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