MATTER OF DEVINE


130 Misc.2d 933 (1986)

In the Matter of The Estate of Bonaventura E. Devine, Deceased.

Surrogate's Court, New York County.

January 24, 1986


Attorney(s) appearing for the Case

Breed, Abbott & Morgan for Lawrence W. Krieger and another, petitioners. Warshaw Burnstein Cohen Schlesinger & Kuh for Susan D. Camilli, respondent. Turk, Marsh, Kelly & Hoare for Mary C. Devine and others, respondents.


RENEE R. ROTH, S.

A motion and cross motion place in issue the rights of persons interested in this estate to obtain discovery from the preliminary executor pursuant to SCPA 1412 (4).

In 1963 based upon the recommendation of the Bennett Commission (Second Report of Temporary State Commn on Estates, Report No. 3.3A, at 141-158 [1963]), the Legislature created (L 1963, ch 405, eff Sept. 1, 1963) a new type of letters called "preliminary letters...

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