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  5. 125 Misc.2d 901 (1984)
 

MATTER OF SPAZIANI

125 Misc.2d 901 (1984)

In the Matter of The Estate of Vincent Spaziani, Deceased.

Surrogate's Court, Jefferson County.

October 9, 1984

Attorney(s) appearing for the Case

Williams & Katzman (Lawrence Katzman of counsel), for Josephine Marcinko, administratrix and distributee. Giles, Marsh, Goodwin & Stone (Clarence F. Giles, Jr., of counsel), for the estate of Peter Spaziani, distributee. Anderson Wise for Silverio Spaziani, distributee. Conboy, McKay, Bachman & Kendall (Addison F. Vars, III, of counsel), for Henry Spaziani, distributee. Oliver J. Wisner for the New York State Department of Taxation and Finance.

HUGH A. GILBERT, J.

Issues of significant concern to practicing attorneys involved in either corporate or estate practice are raised herein. The question is raised herein as to whether a restriction on the transferability of stock binds the personal representative of a deceased stockholder.

The decedent, Vincent Spaziani, was 1 of the 5 original subscribers to the certificate of incorporation of Spaziani Bakeries, Inc. Paragraph ELEVENTH of the...

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