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MATTER OF ELWYN

285 A.D. 91 (1954)

In the Matter of the Probate of The Will of Sherman R. Elwyn, Deceased. Marion D. Elwyn, Appellant; Martin F. Comeau, as Executor of Sherman R. Elwyn, Deceased, Respondent

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

November 18, 1954.

Attorney(s) appearing for the Case

Lloyd R. Le Fever for appellant.

Harry H. Flemming and Martin F. Comeau, in person, for Martin F. Comeau, as executor, respondent.

BERGAN, J. P., COON, IMRIE and ZELLER, JJ., concur.

HALPERN, J.

This is an appeal from an order of the Surrogate's Court, refusing to reopen the probate of the will of Sherman R. Elwyn, in order to allow the appellant to interpose objections thereto.

The appellant had not been cited in the proceeding to probate the will and the will had been admitted to probate without objection. The appellant is the widow of a deceased son of the testator. Under the will...

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