In re the Estate of Breen

Frank D. Paulo, S.

Mae C. Kienzle, who is named as executrix in a purported will dated June 29, 1964, has petitioned for its probate. Decedent’s brother, Edward Breen, has filed objections. The other eight distributees have appeared in the proceeding but have not filed objections. This proceeding is now pending.

Subsequent to the commencement of the probate proceeding, all nine distributees, as plaintiffs, commenced an action in the Supreme Court of Richmond County against Mae C. Kienzle, as an individual, and against New York City Employees’ Retirement System of the Board of Estimate of the…