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MATTER OF KLAIBER

108 Misc.2d 309 (1981)

In the Matter of The Estate of Sophia D. Klaiber, Deceased.

Surrogate's Court, Erie County.

March 30, 1981

Attorney(s) appearing for the Case

Nelson R. Barrett for petitioners. Robert Abrams, Attorney-General (Arnold E. Galbo of counsel), for charities. Saperston, Day, Lustig, Gallick, Kirschner & Gaglione, P. C. (Mary Beth Engler of counsel), for Masonic Hall and Asylum Fund and another, respondents. Brown, Kelly, Turner, Hassett & Leach (Donald Eppers of counsel), for the Lutheran Church Home of Buffalo, Inc., respondent.

WILLIAM J. REGAN, S.

A motion having been made by Nelson R. Barrett, attorney for the petitioners, to dismiss the objections of the Attorney-General on the grounds that the Attorney-General cannot appear in a will contest without having demanded that the charities who have not appeared and objected, act on their own behalf. In the instant case, there are a number of charities named in an earlier will who are, in effect, disinherited by a later will. Three...

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