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MATTER OF HICKS

82 Misc.2d 326 (1975)

In the Matter of The Estate of Harold S. Hicks, Deceased.

Surrogate's Court, Cattaraugus County.

March 19, 1975

Attorney(s) appearing for the Case

Joseph C. Dwyer for Sherman Smith, plaintiff. Nicholas J. Rogers and James E. Kehoe for the administratrix c.t.a. of the estate of Harold Hicks, deceased.

EDWARD M. HOREY, S.

The petition of the plaintiff, Sherman Smith, prays for a declaration of rights and interest in certain certificates of common stock of Texaco, Inc., Penzoil United, Inc. and Standard Oil Company to which both the plaintiff and the defendant claim title. The petition recites that the action is brought under SCPA 209 (subd 4) as well as under CPLR 3001 and that by virtue of SCPA 209 (subd...

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