Appellate Division of the Supreme Court of New York, 1966

In re the Estate of Emberger

In re the Estate of Emberger
Appellate Division of the Supreme Court of New York · Decided December 19, 1966
27 A.D.2d 557; 277 N.Y.S.2d 609; 1966 N.Y. App. Div. LEXIS 2825
In re the Estate of Emberger

Opinion of the Court

Order of the Surrogate’s Court, Queens County, dated September 8, 1966, reversed, without costs, and motion granted. The proposed supplemental and amended objections, as set forth in the objectant’s appendix, are deemed to have been filed; and paragraphs 4, 6 and 7 of the original objections are deemed deleted. The grant of permission for the filing of the proposed supplemental and amended objections to the account of the trustees and to delete certain of the original objections would work no delay or prejudice. Beldock, P. J., Christ and Benjamin, JJ., concur; Ughetta and Hill, JJ., dissent and vote to affirm the order.

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