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MATTER OF GRUNER

4 Misc.2d 471 (1947)

In the Matter of The Estate of Otto H. Gruner, Deceased.

Surrogate's Court, New York County.

August 27, 1947.

Attorney(s) appearing for the Case

Hervey, Barber & McKee for Katherine D. Gruner, administratrix c.t.a., petitioner.

John F. X. McGohey, United States Attorney, for Collector of Internal Revenue, respondent.

Nathaniel L. Goldstein, Attorney-General (Mortimer M. Kassell of counsel), for State Tax Commission, respondent.

Mudge, Stern, Williams & Tucker, respondent in person.

J. Adam Murphy and Robert Nelson Shiverts for New York Trust Company, respondent.

JAMES A. DELEHANTY, S.

By its decision (Matter of Gruner, 295 N.Y. 510) the Court of Appeals definitively fixed the rights of the New York Trust Company as a secured creditor and the rights of the United States Government as a preferred creditor of this estate. The Court of Appeals also ruled on the claim of the State of New York and held that the rights of the New York Trust Company to the proceeds of...

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