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MTR. OF ESTATE OF TABLER

73 A.D.2d 101 (1980)

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.

March 6, 1980

Attorney(s) appearing for the Case

Donohue, Bohl, Clayton & Komar, P. C. (Gerald J. Lawson, attorney; Myron Komar of counsel), for appellants.

Urfirer & Brooks, P. C. (James M. Brooks of counsel), for Dominick J. Viscardi, respondent.

Lewis, Bell & Niles (John L. Bell of counsel), for American Cancer Society and another, respondents.

Robert Abrams, Attorney-General (Allan E. Kirstein, Shirley Adelson Siegel and Irwin M. Strum of counsel), for ultimate charitable beneficiaries, respondent.

KANE, J. P., STALEY, JR., MAIN and MIKOLL, JJ., concur.

CASEY, J.

In accordance with an order of this court, a hearing was held before the Surrogate of Essex County to determine whether the appellants were distributees of Portia R. Tabler, deceased, thereby entitling them to file objections to the probate of her last will and testament (Matter of Tabler, 55 A.D.2d 207). The appellants contended that they are the grandchildren...

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