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In re the Estate of Carroll

40 A.D.2d 843 Court N.Y. App. Div. Decision date 1972-11-13 English

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p. 843
In the Matter of the Estate of Margaret K. Carroll, Deceased. Nancy Magessy et al., Appellants; Jacob Radzivill et al., Respondents.

Order of the Surrogate’s Court, Queens County, dated March 7, 1972, affirmed, without costs. No opinion. Hopkins, Acting P. J., Martuscello, Latham and Brennan, JJ., concur; Benjamin, J., dissents and votes to reverse the order and to grant appellants’ motion for leave to file objections to probate, with the following memorandum: Under the circumstances of this case, involving a family dispute, in my opinion there was no laches as a matter of law and appellants’ default should be opened and their objections allowed to be filed.