MATTER OF SMITH


114 Misc.2d 769 (1982)

In the Matter of The Estate of Rhoda Mackey Smith, Deceased.

Surrogate's Court, Special Term, Ulster County.

May 24, 1982


Attorney(s) appearing for the Case

William M. Gruner for Richard E. Mackey and another, petitioners. Rusk, Rusk, Plunket & Wadlin (George Rusk, Jr., of counsel), for Marguerite Goes, executrix.


JOSEPH J. TRAFICANTI, JR., J.

The petitioners Richard Mackey and Joyce Mackey Thorn offered for probate a photocopy of a document purported to be the last will and testament of Rhoda Mackey Smith, deceased. The petitioners, a nephew and niece of the decedent and distributees as well as beneficiaries under the purported will, allege that the original will was delivered to decedent's attorneys for safekeeping about the time of its execution in August of...

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