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Matter of Brinkmann

Court of Appeals of the State of New York
Feb 15, 1968
235 N.E.2d 773 (N.Y. 1968)

Opinion

Argued January 11, 1968

Decided February 15, 1968

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FREDERICK A. DICKINSON.

Charles B. McGroddy, Jr., for appellant.

Charles V. McDonald for Augusta De La Meilleure, respondent.

No appearance for remaining respondents.


Order reversed and the petition dismissed, with costs against petitioner-respondent, on the dissenting opinion at the Appellate Division. We disagree with the rule stated in Matter of Elwyn ( 285 App. Div. 91) with respect to application of paragraph (d) of subdivision 1 of section 140 of the Surrogate's Court Act. Question certified answered in the negative.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.


Summaries of

Matter of Brinkmann

Court of Appeals of the State of New York
Feb 15, 1968
235 N.E.2d 773 (N.Y. 1968)
Case details for

Matter of Brinkmann

Case Details

Full title:In the Matter of the Estate of HENRY BRINKMANN, Deceased. AUGUSTA DE LA…

Court:Court of Appeals of the State of New York

Date published: Feb 15, 1968

Citations

235 N.E.2d 773 (N.Y. 1968)
235 N.E.2d 773
288 N.Y.S.2d 634

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