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In re the Probate of the Will of Biagini

10 A.D.2d 733 Court N.Y. App. Div. Decision date 1960-03-28 English

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p. 733
In the Matter of the Probate of the Will of Lois C. Biagini, Also Known as Lois C. Breidenstein, Lulu Breidenstein, Lulu Biagini and Lois C. Byrne, Deceased. Ruth Johnson et al., Appellants; Theodore R. Brawley et al., as Executors of Lois C. Biagini, Deceased, et al., Respondents.

In a contested probate proceeding, the contestants appeal from an order of the Surrogate’s Court, Kings County, entered October 9, 1959, which (1) denied their motion for the entry of an order denying probate to an alleged codicil in accordance with that court’s decision of August 13,1957 or, in the alternative, for summary judgment denying probate to said alleged codicil (Rules Civ. Prac., rules 113, 114), and (2) directed that the proceeding be placed on the calendar for a day certain. Order affirmed, with one bill of $10 costs and disbursements, payable out of the estate. Beldoek, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.