MATTER OF LEVIN


276 A.D. 739 (1950)

In the Matter of the Accounting of Herman Levin, as One of the Executors of Morris Levin, Deceased Herman Levin, Individually and as One of the Executors of Morris Levin, Deceased, Appellant; Belle L. Burrill et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 1950.


Attorney(s) appearing for the Case

Max Zucker for appellant.

Daniel M. Abrams of counsel (Riegelman, Strasser, Schwarz & Spiegelberg, attorneys), for respondents.

DORE, COHN and VAN VOORHIS, JJ., concur; GLENNON, J., dissents and votes to affirm.


PECK, P. J.

The principal issue in this proceeding to settle the account of an executor is whether the estate is to be divided among decedent's three children, the appellant and respondents, or between respondents alone.

Appellant is decedent's son by a first marriage, respondents are the children of a second marriage. It appears that, while a friendly and affectionate relationship existed between appellant...

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