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MATTER OF JOHNSON

301 N.Y. 13 (1950)

In the Matter of The Estate of E. Bruce Johnson, Deceased. Eleanor Muelberger, Appellant; Genevieve Johnson, Respondent.

Court of Appeals of the State of New York.

Decided April 13, 1950

Attorney(s) appearing for the Case

Saul Hammer and Le Roy G. Edwards for appellant.

John H. Munley and George J. Meade for respondent.

LOUGHRAN, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LEWIS, J.

This appeal, taken by petitioner as of right on constitutional grounds (N. Y. Const., art VI, § 7, subd. [1]; Civ. Prac. Act, § 588, subd. 1, cl. [a]), presents for review an order of the Appellate Division unanimously affirming a Surrogate's decree adjudging to be valid and effective under section 18 of the Decedent Estate Law an election by the respondent, Genevieve T. Johnson, as surviving...

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