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In re the Final Judicial Settlement of the Account of Solomon

222 A.D. 789 Court N.Y. App. Div. English

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p. 789
In the Matter of the Final Judicial Settlement of the Account of Sol Solomon and Bernie F. Lempert, as Executors, etc., of Julius H. Lempert, Deceased.

Decree and order reversed on the facts and a rehearing granted, with costs to appellant to abide the event, payable out of the estate. Because of the confusion of the record due to the informality of certain of the hearings, we are not entirely satisfied with the conclusion reached by the surrogate upon the facts, and what the result upon the evidence should be, is a question of doubt. All concur. Present — Hubbs, P. J., Rears, Crouch, Taylor and Sawyer, JJ.