Appellate Division of the Supreme Court of New York, 1940

In re the Final Judicial Settlement of the Account of Proceedings of Pryzgoda

In re the Final Judicial Settlement of the Account of Proceedings of Pryzgoda
Appellate Division of the Supreme Court of New York · Decided January 29, 1940
258 A.D. 988; 17 N.Y.S.2d 554; 1940 N.Y. App. Div. LEXIS 8567
In re the Final Judicial Settlement of the Account of Proceedings of Pryzgoda

Opinion of the Court

In a proceeding for the judicial settlement of the accounts of the temporary administrators ■of the estate of decedent, decree of the Surrogate's Court of Westchester County, in so far as it surcharges appellants in the sum of $2,500, with interest from July 21, 1937, which sum appellants, pursuant to an order made July 15, 1937, paid to the attorneys for contestants in a prior probate proceeding; vacates the order of July 15, 1937, in so far as it authorized the payment of $2,500 to contestants’ attorneys; and makes the allowance of commissions to appellants contingent upon the payment in full of the surcharge, unanimously affirmed, with costs to respondent Vincenta Godlewski, executrix, payable by the appellants personally. No opinion. Present — Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ.

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