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MATTER OF HATZISTEFANOU

77 Misc.2d 594 (1974)

In the Matter of The Estate of Mabel G. B. Hatzistefanou, Deceased.

Surrogate's Court, New York County.

April 1, 1974

Attorney(s) appearing for the Case

Jaime Cabarrocas for Lloyd K. Marquis, objecting fiduciary. Bernstein & Bernstein (Sheldon I. Walker of counsel), for Prodromos Hatzistefanou, executor and trustee, petitioner Hyman Dechter, guardian ad litem.

MILLARD L. MIDONICK, S.

In this pending probate proceeding the nominated fiduciary under a prior will seeks permission to file objections to probate of a later instrument.

SCPA 1410 provides that: "one whose only financial interest [in the estate] would be in the commissions to which he would have been entitled if his appointment as fiduciary were not revoked by a later instrument shall not be entitled...

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