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MATTER OF STURMER

303 N.Y. 98 (1951)

In the Matter of The Estate of August H. Sturmer, Deceased. Floyd L. Chapman, Individually and as Executor of August H. Sturmer, Deceased, et al., Appellants and Respondents; Margaret F. Sturmer, Respondent and Appellant. (Two Proceedings.)

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Howard J. Walker for Floyd L. Chapman and another, appellants and respondents.

Domenick L. Gabrielli for respondent and appellant.

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

LEWIS, J.

The controversy involved in these two proceedings has arisen in the course of administering the estate of August H. Sturmer, deceased.

In 1913, the decedent married Margaret Fluent Sturmer with whom he lived until 1926 when they entered into a separation agreement. From that time until the husband's death on April 23, 1949, they lived apart. By a will admitted to probate in July, 1949, the decedent...

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