MATTER OF BIRCH


50 A.D.2d 951 (1975)

In the Matter of The Estate of Mildred S. Birch, Deceased. Mohawk National Bank of Schenectady, as Coexecutor of Mildred S. Birch, Deceased, Respondent; Margaret Conover et al., Appellants

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

December 4, 1975


The decedent died on June 15, 1972 leaving a last will and testament dated May 26, 1972 and a prior will dated December 21, 1970. The petitioner was named executor in the prior will while the appellants were named executrices in the May 26, 1972 will. Both wills were offered for probate and the nominated executors in both wills (petitioner and appellants) made separate applications for appointment as separate preliminary executors. The Surrogate on July 20, 1972 caused preliminary...

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