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MTR. OF STAVIN

56 A.D.2d 68 (1977)

In the Matter of The Estate of Esther V. Stavin, Deceased. Cecil Stavin, Appellant; Ethel K. Stavin Respondent

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

February 3, 1977

Attorney(s) appearing for the Case

Abbie Goldstein for appellant.

Alan I. Hayman and Andrea Stavin Hayman for respondent.

KUPFERMAN and MURPHY JJ., concur; STEVENS P. J., and NUNEZ, J., dissent and vote to affirm for reasons stated by MIDONICK, S. ().

SILVERMAN, J.

Cecil Stavin, executor under the will of Esther V. Stavin, appeals from a decree of the Surrogate's Court construing decedent's will as establishing the right of Ethel K. Stavin to be successor executrix, in place of her deceased husband Maurice V. Stavin, and directing the issuance of letters testamentary to Ethel K. Stavin as coexecutrix with appellant Cecil Stavin.

Testatrix Esther died...

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