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  5. 26 N.Y.2d 337 (1970)
 

MATTER OF HELLER-BAGHERO

26 N.Y.2d 337 (1970)

In the Matter of the Probate of the Will of Rudolf Heller-Baghero, Deceased. Stefanie Heller et al., Appellants; Theodore Mattern, Respondent.

Court of Appeals of the State of New York.

Decided April 16, 1970.

Attorney(s) appearing for the Case

Hans Harnik and Robert V. Marrow for appellants.

Helmut J. Kraemer and Theodore Mattern, pro se, for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.

BREITEL, J.

Objectants Stefanie Heller, Gertrude Strohmaier, and Edith Prosche appeal in a probate proceeding. Involved is the power of the Surrogate to entertain original probate of the 1964 will of a nondomiciliary, when there had been pending and since determined in the foreign domiciliary jurisdiction an estate proceeding based on an earlier will of the testator.

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