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MATTER OF SAMSON

60 A.D.2d 964 (1978)

In the Matter of The Estate of Robert B. Samson, Deceased. Bernard Samson, as Executor of Robert B. Samson, Deceased, Appellant; Rita Flansburg et al., Respondents

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

January 13, 1978

Decree unanimously reversed, without costs, and matter remitted to Lewis County Surrogate's Court.

Memorandum:

Bernard Samson, executor of the estate of Robert B. Samson, appeals from a decree of Surrogate's Court entered May 16, 1977, which purports to be a "resettlement" of a decree entered November 22, 1976, construing a paragraph in the will of appellant's testator. Although no grounds for resettlement are stated, it appears from a reading of the two decrees...

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