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MATTER OF MEYER

277 A.D. 777 (1950)

In the Matter of the Application of Henry Meyer, Appellant, to Compel an Accounting by William Meyer, as Executor of Wilhelm Meier, Deceased, Respondent. Sophie Meyer et al., Respondents

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

May 8, 1950.

Appellant is not a legatee or distributee of the estate. Therefore he is not entitled to a construction of the will. The theory on which he seeks a construction was properly held by the Surrogate not to be cognizable in that court, but solely in the Supreme Court. However, in dismissing the petition in its entirety, the Surrogate overlooked the fact that that court has jurisdiction, as part of the accounting proceeding, to determine...

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