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Burdick v. Wygant

145 N.Y.S. 1115 Court N.Y. App. Div. Decision date 1914-01-21 English

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p. 1115
In re BURDICK et al. BURDICK, Appellant, v. WYGANT et al., Respondents.
(Supreme Court, Appellate Division, Third Department.
January 21, 1914.)

Headnote

In the matter of the intermediate settlement of the accounts of Bainbridge W. Burdick, Ethel B. Wygant, and Emma E. Clark, as executors of the last-will and testament of Norman Burdick, deceased. Action by Bainbridge W. Burdick, individually and as executor, etc., against Ethel B. Wygant, individually and as executrix, etc., and others.

Decree ( 79 Misc. Rep. 167 , 140 N. Y. Supp. 582 ) modified, by striking therefrom the amount of $3,000 received for rentals, also by reciting that it is without prejudice to the right of the appellant to establish on the final accounting as delivered by him as such executor to Ethel B. Wygant 250 shares of the stock of Burdick & Son, and, as so modified, unanimously affirmed, with one bill of costs to respondents against the appellant personally. The court disapproves of the seventeenth finding of fact and the third conclusion of law of the decision of the surrogate.

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