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MATTER OF SCHEER

153 Misc.2d 545 (1992)

In the Matter of The Estate of Frederick Scheer, Deceased.

Surrogate's Court, Bronx County.

March 6, 1992

Attorney(s) appearing for the Case

Howard F. Dubs for Bruce J. Nathan, petitioner.

LEE L. HOLZMAN, J.

Petitioner, the nominated trustee of the trust created in the residuary clause of decedent's will, requests that an order be entered modifying the probate decree by deleting the direction therein that he file a surety bond in the sum of $227,000. The initial question to be answered is whether the court has discretion under the provisions of SCPA 801 (1) (c) and 806 to dispense with the requirement...

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