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MATTER OF BIRCH

80 Misc.2d 230 (1974)

In the Matter of The Estate of Mildred S. Birch, Deceased.

Surrogate's Court, Schenectady County.

December 31, 1974

Attorney(s) appearing for the Case

O'Loughlin, Leonard, Lewis & Bendall (Richard M. Leonard of counsel), for Mohawk National Bank of Schenectady, petitioner. Wager, Taylor, Howd & Brearton (James E. Brearton of counsel), for Margaret Conover and another, individually and as preliminary executrices and executrices. Wemple, Daly & Casey (Arthur F. Casey of counsel), for J. Dean Dykstra and others, respondents. George J. Camino for John J. Birch, Jr., respondent. Jacob M. Frankel, respondent pro se.

GEORGE E. SEVERSON, S.

In this final account presented by one of three copreliminary executors, petitioner requests commissions for itself and counsel fees for its attorneys for legal services rendered to the petitioning preliminary executor.

Two wills were offered for probate; one dated December 21, 1970, with codicils dated November 29, 1971 and March 6, 1972 was offered first, and the other dated...

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