In re the Accounting of Kahn
This text of 2 A.D.2d 893 (In re the Accounting of Kahn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In a proceeding in the Surrogate’s Court, Westchester County, by a legatee to compel an executor to account, the answer alleges defenses of payment, release, and the Statute of Limitations and the reply alleges that the release was obtained by fraud. The appeal is from an order dismissing the petition on the merits after trial. Order affirmed, with costs to respondent, payable out of the estate. No opinion. Wenzel, Acting P. J., Ughetta and Hallinan, JJ., concur; Beldoek, J., dissents and votes to reverse the order and to grant the petition on the ground that the learned Surrogate’s determination is against the weight of the credible evidence.
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Cite This Page — Counsel Stack
2 A.D.2d 893, 1956 N.Y. App. Div. LEXIS 3881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-kahn-nyappdiv-1956.