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MATTER OF CARROLL

40 A.D.2d 843 (1972)

In the Matter of The Estate of Margaret K. Carroll, Deceased. Nancy Magessy et al., Appellants; Jacob Radzivill et al., Respondents

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

November 13, 1972

No opinion.

Benjamin, J., dissents and votes to reverse the order and to grant appellants' motion for leave to file objections to probate, with the following memorandum:

Under the circumstances of this case, involving a family dispute, in my opinion there was no laches as a matter of law and appellants' default should be opened and their objections allowed...

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