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  5. 179 Misc.2d 149 (1998)
 

MATTER OF BERNICE B.

179 Misc.2d 149 (1998)

683 N.Y.S.2d 713

In the Matter of The Estate of Bernice B., Deceased.

Surrogate's Court, New York County.

November 16, 1998

Attorney(s) appearing for the Case

Samuel & Weininger, Lake Success (Steven B. Samuel of counsel), for Elinor B., petitioner. Greenfield Stein & Senior, L. L. P., New York City (Barbara Levitan of counsel), for KB, respondent.

RENEE R. ROTH, S.

This proceeding to appoint a guardian (Mental Hygiene Law art 81) for a putative contestant of the will of Bernice B. was tried before a jury. The case, apparently the first article 81 jury trial in a Surrogate's Court, required the court to charge the jury on a substantive area of probate law not covered by the Pattern Jury Instructions for article 81 proceedings.

The competing interests...

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