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MATTER OF SMITH

137 Misc.2d 537 (1987)

In the Matter of The Estate of Kathryn E. Smith, Deceased.

Surrogate's Court, New York County.

November 13, 1987

Attorney(s) appearing for the Case

Richard S. Becker, P. C., for Sanford Becker, proponent. J. D. Welsh & Associates for Salvatore T. Gelosi, objectant. Harold Fishman, guardian ad litem, for Lee J. Andron.

RENEE R. ROTH, S.

This probate proceeding presents a novel question as to the effect of a disposition in lieu of commissions with respect to standing to file objections under SCPA 1410. At issue is the right of Salvatore T. Gelosi to object to probate of a codicil to the alleged will of Kathryn (Kate) E. Smith.

The provisions which give rise to this question are contained in articles FOURTH and NINTH...

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