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MATTER OF FREY

40 A.D.2d 1013 (1972)

In the Matter of The Estate of Martha F. Frey, Deceased. John H. Frey, Respondent; Almira S. Freeman, Appellant

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

December 26, 1972

Order affirmed, with $10 costs and disbursements, payable out of the estate.

We are in accord with the Surrogate's conclusion that appellant is not a person required to be served with process under SCPA 1403 or a person entitled to file objections to probate under SCPA 1410. Accordingly, we do not reach the question as to whether the conclusive statutory presumption created by EPTL 5-1.4, to the effect that a provision in...

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