Appellate Division of the Supreme Court of New York, 1942

In re the Estate of Homewood

In re the Estate of Homewood
Appellate Division of the Supreme Court of New York · Decided November 18, 1942
265 A.D. 910; 38 N.Y.S.2d 893
In re the Estate of Homewood

Opinion of the Court

All concur, except Harris, J., who dissents and votes for reversal and for remission to the Surrogate’s Court with the direction to grant the petition. (The decree directs the surviving executor to charge against the legacies to appellants certain sums withheld by a coexecutor, and *911credits the executor with the amount withheld to apply on the legacies.) Present— Cunningham, Taylor, Dowling, Harris and McCurn, JJ.

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