In re the Estate of Sandefur

OPINION OF THE COURT

Millard L. Midonick, S.

A petition for probate of the decedent’s will has been filed with the probate department of this court. The petitioners, who are the executors named in the will, have requested that the court dispense with the service of process upon the distributees of the decedent’s husband who are persons adversely affected by the exercise of a power of appointment in the decedent’s propounded will.

This court discussed the problem presented in the recent decision of Matter of Emmons (93 Misc 2d 615) and I concluded in that case that the persons adversely affected…