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MATTER OF FRUTIGER

62 Misc.2d 163 (1970)

In the Matter of The Estate of Walter H. Frutiger, Deceased.

Surrogate's Court, Broome County.

March 17, 1970

Attorney(s) appearing for the Case

Harold R. Evans, Jr. (Chernin & Gold, by Sanford P. Tanenhaus and Donald C. Carmien, of counsel), for Endicott Trust Company, as executor, petitioner. Gerhart & Kuhnen (Eugene C. Gerhart of counsel), for Ernest D. Frutiger, respondent. Thomas W. Ryan for Willard U. Frutiger, respondent. Alexis Russin, guardian ad litem for infant legatees and certain unknown persons, respondents.

JOHN M. KEANE, S.

This is a motion made by the petitioner for probate (the executor named in the will) to dismiss objections to probate filed by two brothers who were the only distributees of the decedent, on the ground that they had consented to the probate by executing waivers of the issuance of citation and consents to probate. This motion is the more unusual because the objections were filed on June 28...

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