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IN THE MATTER OF GREENSPON

17 Misc.3d 586 (2007)

842 N.Y.S.2d 701

In the Matter of the Estate of WILLIAM STUART GREENSPON, Deceased.

Surrogate's Court, New York County.

September 12, 2007.

Attorney(s) appearing for the Case

Salans, New York City, for Virginia Cleary.

Putney, Twombly, Hall & Hirson LLP, New York City, for Cyrus Greenspon.

OPINION OF THE COURT

RENEE R. ROTH, S.

In this otherwise uncontested probate proceeding in the estate of William Greenspon, a novel issue is raised by two competing applications for appointment as executor. The question is whether the designation of a fiduciary is entitled to deference where such selection is made by an agent of the testator rather than the testator himself.

Decedent died on December 1...

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