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MATTER OF BRUMER

69 A.D.2d 438 (1979)

In the Matter of The Estate of Michael Brumer, Deceased Daniel P. Orlan, Appellant; Mildred C. Kinnane, Respondent

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

August 6, 1979

Attorney(s) appearing for the Case

James S. Priolo for appellant.

George J. Robertazzi for respondent.

TITONE, J. P., SUOZZI and LAZER, JJ., concur in Per Curiam opinion; COHALAN, J., concurs as to the dismissal of the appeals from the decisions, but otherwise dissents and votes to reverse the order and dismiss the objection, with an opinion.

Per Curiam.

The proponent of the decedent's will moved to dismiss the objection to probate filed by Mildred Kinnane, a legatee under the will, but not a distributee of the decedent. The Surrogate denied the motion. We affirm.

The proponent of the will offered for probate, who is also an attorney, its draftman, and the sole named executor, seeks dismissal of an objection to so much of the will as named him the...

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