MATTER OF MEYER


204 Misc. 265 (1953)

In the Matter of The Estate of Margaret E. Meyer, Deceased.

Surrogate's Court, New York County.

May 19, 1953.


Attorney(s) appearing for the Case

Arnold A. Levin for Frederick F. Fox, petitioner.

Rogan & Rogan for John A. Fox, Jr., and another, as executors of Margaret E. Meyer, deceased, respondents.


COLLINS, S.

The executors move to dismiss the petition of Frederick F. Fox which seeks to reopen the probate proceeding and to vacate the decree admitting the decedent's will and codicil to probate. They contend that the petition is insufficient in law because it fails to show that the petitioner is a distributee of the decedent who would take in the event the decedent died intestate.

The decedent was...

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