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MTR. OF ESTATE OF TABLER

55 A.D.2d 207 (1976)

In the Matter of The Estate of Portia R. Tabler, Deceased. Dominick J. Viscardi, as Executor of Portia R. Tabler, Deceased, et al., Respondents; Darlene T. Eichen et al., Appellants

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

December 23, 1976

Attorney(s) appearing for the Case

Gerald J. Lawson (Myron Komar of Donahue, Bohl, Clayton & Komar of counsel), for appellants.

James M. Brooks and Roland M. Urfirer for Dominick J. Viscardi, respondent.

John L. Bell for American Cancer Society and another, respondents.

KOREMAN, P. J., and GREENBLOTT, J., concur with MAIN, J.; LARKIN, J., concurs in a separate opinion; HERLIHY, J., concurs in part and dissents in part in a separate opinion.

MAIN, J.

On January 3, 1975 Dominick Viscardi offered for probate an instrument which was allegedly the last will and testament of Portia R. Tabler. Pursuant to the order of the Essex County Surrogate, Viscardi executed service on all unknown distributees by publication. On the return date authorizations of attorney, an affidavit of heirship and objections to probate were filed on behalf of the appellants, who...

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