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IN MATTER OF ESTATE OF FOX

14 Misc.3d 552 (2006)

825 N.Y.S.2d 908

In the Matter of the Estate of JOSEPH P. FOX, Deceased.

Surrogate's Court, Bronx County.

December 8, 2006.

Attorney(s) appearing for the Case

Oshrie Zak for Brian McCarron, movant.

Thomas J. Byrne for Thomas J. Jennings, executor.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

The decedent's nephew, his sole distributee, moves by order to show cause to set aside a decree admitting to probate a will dated May 25, 1989.

On the return date of process in the probate proceeding, December 15, 2004, the movant was given until 10 days after completion of SCPA 1404 examinations to file objections. Upon the movant's failure to proceed with the SCPA...

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