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DESSER v. SCHATZ

232 A.D.2d 314 (1996)

648 N.Y.S.2d 595

Linda Desser, as Executrix of Arthur Desser, Deceased, Appellant, v. Irving Schatz et al., Respondents, et al., Defendants James Smith, as Executor of Arthur A. Desser, Deceased, Plaintiff, and Linda Desser, as Executrix of Arthur A. Desser, Deceased, Appellant, v. Milton Sheen et al., Defendants, and Irving Schatz et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 29, 1996

When the Florida Circuit Court dismissed the estate of plaintiff's husband from probate and closed further administration thereof in 1985, plaintiff's representative authority to act as executrix on the estate's behalf terminated (see, In re Transition Rule 14, Closing Inactive Probate, Guardianship & Trust Cases, 280 So.2d 425). Accordingly, the court properly found that plaintiff...

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