Appellate Division of the Supreme Court of New York, 1936

In re the Judicial Settlement of the Accounts of Clifford

In re the Judicial Settlement of the Accounts of Clifford
Appellate Division of the Supreme Court of New York · Decided May 15, 1936
248 A.D. 675
In re the Judicial Settlement of the Accounts of Clifford

Opinion of the Court

Decree reversed on the law and facts in the exercise of discretion, without costs, and matter remitted to the Surrogate’s Court for a new trial on the ground that the decision of the former surrogate is so obscure and indefinite that no proper decree can be entered thereon. All concur. (The decree adjudges the amount unpaid on a legacy and directs the payment thereof upon the executors’ accounting.) Present — Sears, P. J., Taylor, Thompson, Crosby and Lewis, JJ.

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