Decedent's son, Walter Sakow, moves pursuant to CPLR 3211 (a) (5) and (7) to dismiss claims made against him in amended objections filed by decedent's two daugthers to the account of their mother, the executrix, and for summary judgment pursuant to CPLR 3212 as to these claims. Although movant was not named as a fiduciary in decedent's will, he is
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