In re the Probate of the Will of Brainard

Bubenstein, S.

This is a proceeding to probate a paper purporting to be the last will and testament of the decedent.

The petition alleges that the decedent was survived by a husband, who is one of the petitioners, and by two grandnieces, who have neither waived the service of a citation nor have they been served with a citation. The petitioners further allege that the grandnieces are not persons interested in this proceeding by virtue of subdivision 4 of section 83 of the Decedent Estate Law and cite Matter of Marshall (146 Misc. 601, affd. 239 App. Div. 768) as authority for such contention.

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