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MATTER OF HANSON v. GRIFFITHS

204 Misc. 736 (1953)

In the Matter of Elizabeth Hanson, Petitioner, v. Charles H. Griffiths, as Surrogate of Westchester County, et al., Respondents.

Supreme Court, Special Term, Westchester County.

August 24, 1953.

Attorney(s) appearing for the Case

Albert C. Jordan for petitioner.

Harry G. Herman, County Attorney (George S. Donaldson of counsel), for respondents.

EAGER, J.

This special proceeding under article 78 of the Civil Practice Act challenges the legal right and duty of the Clerk of the Surrogate's Court of Westchester County to exact a fee of $20 under subdivision 9 of section 29-a of the Surrogate's Court Act in connection with the filing with him of a petition initiating an estate tax proceeding. The return and schedules under oath filed in the proceeding with the estate tax appraiser, pursuant to section...

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