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MATTER OF GRILLO

196 Misc. 354 (1949)

In the Matter of The Estate of Frank Grillo, Deceased.

Surrogate's Court, Richmond County.

October 13, 1949.

Attorney(s) appearing for the Case

Francis X. Egitto and Richard Molony for Joseph J. Lombardo, petitioner.

Angelo Costantino for Sally Smith and others, respondents.

BOYLAN, S.

This is a proceeding brought pursuant to the provisions of section 231-a of the Surrogate's Court Act. The material parts of the retainer signed by all of the distributees of the decedent read:

"We do hereby retain Joseph J. Lombardo * * * to object to probate of the last will * * * of * * * decedent and * * * agree to pay one third of any sum recovered by way of suit, settlement or in any manner. "In the event there is no...

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