MATTER OF MARKUSON


40 A.D.2d 696 (1972)

In the Matter of The Estate of Gerard O. Markuson, Deceased. Richard D. Markuson, Appellant; Emily Markuson, Respondent

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

October 16, 1972


Order affirmed insofar as appealed from and decree affirmed.

No opinion. A single bill of costs is awarded to petitoner-respondent, payable out of the estate.

Munder and Benjamin, JJ., dissent and vote to reverse the decree and to reverse the order insofar as appealed from, to grant the subject amendments to the objections and to grant a new trial, in the interests of justice, with the following memorandum: The amendments to the objections to probate should...

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