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MATTER OF SMITH

129-P-2007

29 Misc.3d 832 (2010)

907 N.Y.S.2d 648

In the Matter of the Estate of JOHANNA SMITH, Deceased.

Surrogate's Court, Bronx County.

Decided September 20, 2010.

Attorney(s) appearing for the Case

Peter G. Gray , for Beverly Ann Smith, proponent.

Joseph A. Altman for Barbara Smith.

Larry Sheehan for Elvira Smith.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

In this proceeding to probate a testamentary instrument dated March 16, 2006, the proponent, a daughter of the decedent who is the sole beneficiary and nominated executrix under the instrument, moves for an order dispensing with the SCPA 1404 testimony of a witness who resides in Florida. The decedent's distributees are the proponent and two other daughters, one of...

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