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Appellate Division of the Supreme Court of New York, 1937

In re the Revoke Letters Testamentary Issued to Fribourg

In re the Revoke Letters Testamentary Issued to Fribourg
Appellate Division of the Supreme Court of New York · Decided April 9, 1937
250 A.D. 503

Counsel

H. H. Nordlinger of counsel [David B. Lefkowitz with him on the brief; Nordlinger, Riegelman & Cooper, attorneys], for the appellant Walter A. Fribourg., Harold R. Medina of counsel [John W. Jordan with bim on the brief], for the appellant Edythe Fribourg., Samuel Robert Weltz, for the petitioners, respondents.

In re the Revoke Letters Testamentary Issued to Fribourg

Opinion of the Court

Per Curiam.

Although we find no act of dishonesty on the part of the appellant executors nor that any loss has resulted from their administration of the estate from the acts complained of, yet upon the conceded violation in two series of transactions of subdivision 7 of section 104 of the Surrogate’s Court Act, it cannot be said that the action of the surrogate in removing them constituted an improper exercise of discretion. It follows that the decree, so far as appealed from, should be affirmed, with costs.

Present — Martin, P. J., O’Malley, Untermyer, Dore and Cohn, JJ.

Decree, so far as appealed from, unanimously affirmed, with costs.

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