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  5. 16 N.Y.2d 906 (1965)
 

MATTER OF TISNOWER

16 N.Y.2d 906 (1965)

In the Matter of The Estate of William Tisnower, Deceased. Nettie Orner, as Executrix of William Tisnower, Deceased, Appellant; Angela C. Tisnower, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1965.

Attorney(s) appearing for the Case

Elmer Lee Fingar for appellant.

William D. Cabell and Jon H. Hammer for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

Order reversed, with costs to both parties payable out of the estate, and matter remitted to the Surrogate's Court, New York County, with a direction that the prayer of the petition be granted. (See Matter of Galewitz, 5 N.Y.2d 725

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