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2 Dem. Sur. 229

Dickel v. Yates

New York Surrogate's Court

Decided May 15, 1883

New York Surrogate's Court · decided 1883-05-15

Upoy the application by Agnes Sarah Yates, decedent’s widow, and another, for probate of decedent’s will, written requests to the Surrogate to find certain matters of fact and of law, were filed in behalf of Lillian M. Dickel, and another, contestants.

Decided 1883-05-15

The Surrogate.

¶1I agree with the decision in Hartwell v. McMaster 4 Redf., 389), that § 1023 of the *230Code is inapplicable to the procedure of this court, and that “requests to find” only nood to be passed upon in connection with the “settlement of a case,” as provided by § 2545.

¶2I, therefore, decline to find for or against the various propositions submitted for my determination.

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