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MATTER OF EVERSON

Court of Appeals of the State of New York.
Nov 29, 1945
Judgment
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Victor Levine and Norman M. Pinsky for Jessie B. Bennett, appellant. John Carroll Young for John J. Everson, appellant. John H. Farnham and Donald V. Carr for Olive B. Bailey, appellant. H. Duane Bruce for respondent. Nathaniel L. Goldstein, Attorney-General ( A.W. Feinberg, Orrin G. Judd and Thomas Burke of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law.

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Order of the Appellate Division affirming decree of Surrogate's Court, affirmed, with costs to all parties appearing separately and filing briefs payable out of the estate.

Appeal from order denying application for inclusion in the record of the proceedings upon the probate of the will of Charles Everson dismissed without costs upon the ground that that order does not finally determine any matter within the meaning of the Constitution.

Concur: LOUGHRAN, Ch. J., CONWAY, DESMOND, THACHER and DYE, JJ. Taking no part: LEWIS and MEDALIE, JJ.

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