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  5. 58 N.Y.2d 864 (1983)
 

MATTER OF RAGONE

58 N.Y.2d 864 (1983)

In the Matter of The Estate of Joseph A. Ragone, Deceased. Antoinette Viscardi et al., Respondents, Josephine Ragone, Appellant.

Court of Appeals of the State of New York.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Hyman L. Rutman for appellant.

Seth Rubenstein, Nathan F. Grossman and Merritt T. Viscardi for respondents.

Stuart A. Summit and Guy R. Fairstein for Bertha K. Donson, amicus curiae.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.

Order reversed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, and the decree of the Surrogate's Court, New York County, reinstated for reasons stated in the decision of former Surrogate MILLARD...

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