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MATTER OF ORVIS

35 A.D.2d 538 (1970)

In the Matter of The Estate of Warner D. Orvis, Deceased. Clay H. Orvis, Appellant; Edwin J. Fitzpatrick, Respondent

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

July 6, 1970

Decree affirmed, with $10 costs and disbursements, payable by appellant personally.

No opinion.

Hopkins, J., dissents and votes to reverse the decree and to sustain petitioner's claim to the extent of one-sixth of the decedent's estate, with the following memorandum:

The question to be decided is the proper construction of a separation agreement. Petitioner is the son of the decedent. His mother...

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