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MATTER OF FITZSIMMONS

64 Misc.2d 622 (1970)

In the Matter of The Estates of Pearl T. Fitzsimmons and William J. Fitzsimmons, Deceased.

Surrogate's Court, Erie County.

October 19, 1970

Attorney(s) appearing for the Case

Cox, Barrell, Walsh & McFarland (Kevin D. Cox of counsel), for Melvin B. Cox, as administrator, petitioner. Evan E. James, guardian ad litem. Gerson L. Steinhaus for claimant. Harold J. Boreanaz, claimant in person, and Patrick J. Baker for Harold J. Boreanaz, claimant. Edward C. Cosgrove for estate of John M. Tubridy, deceased. Louis J. Lefkowitz, Attorney-General (Rose D. La Mendola of counsel), for State of New York.

WILLIAM J. REGAN, S.

William J. Fitzsimmons and Pearl T. Fitzsimmons, his wife, were found dead in their home on January 12, 1969. Both decedents allegedly died as the result of assaults committed upon them by their son, George Fitzsimmons. George Fitzsimmons is the sole distributee of each decedent.

Subsequent to January 12, 1969 George Fitzsimmons was indicted and tried for the murder of his parents...

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