MATTER OF BARABASH


37 A.D.2d 931 (1971)

In the Matter of The Estate of Nikita Z. Barabash, Deceased. Ilya N. Barabash et al., Respondents; Ignatz Barabas, Appellant

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

November 4, 1971


The decedent was a native of Russia who died intestate in 1951, a resident of New York County. His nephew, the appellant herein, obtained letters of administration in 1952 as sole distributee, and distributed to himself the proceeds of the estate in 1954. The petitioners, Soviet citizens in Russia, born in 1906 and 1908, claim to be children of the decedent. The position advanced for them by their counsel is that not until 1960 did they discover the fact of death. The first...

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