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MATTER OF MORRIS

277 A.D. 211 (1950)

In the Matter of the Accounting of Minnie Morris, as Administratrix with The Will Annexed of Josephine F. Morris, Deceased, Respondent. Harold Judge et al., Interveners, Appellants; Susan F. Coyne et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1950.

Attorney(s) appearing for the Case

Bernard Cowen for Harold Judge and others, interveners, appellants.

John J. Mackrell for Susan F. Coyne and Julia Strain, individually and as executrix of Lucy Strain, deceased, respondents.

Jones and Jones for Thomas Strain and others, respondents.

Joseph F. Purcell for Minnie Morris as administratrix, etc., respondent.

Murphy, Aldrich, Guy, Broderick and Simon for Joan C. Murphy and others, respondents.

Nathaniel L. Goldstein, Attorney-General of the State of New York, respondent.

Elmer M. Rasmussen, special guardian for unknown heirs, respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.

BERGAN, J.

This appeal deals with both the competency and the weight of evidence bearing on pedigree. There are two groups of claimants to the entire estate of Josephine F. Morris. One consists of the appellants who claim a relationship to the decedent's father which would make them second cousins of the decedent, technically "first cousins, once removed". The other group...

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