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In re the Probate of the Will of Satterlee

280 A.D. 771 Court N.Y. App. Div. Decision date 1952-06-17 English

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p. 771
In the Matter of the Probate of the Will of Eleanor M. Satterlee, Deceased. Mabel S. Ingalls, Appellant; Sol A. Rosenblatt et al., Respondents.

Section 87 of the Surrogate’s Court Act rests discretion in the Surrogate. Without having before us the merits of the appeal from the decree admitting the will to probate, we are unable to say that there was any abuse of discretion in the issuance of letters testamentary pending appeal. Order unanimously affirmed, with disbursements to all parties payable out of the estate. Present ■— Peck, P. J., Callahan, Van Voorhis, Heffernan and Bergan, JJ.