MATTER OF HENRY


197 Misc. 297 (1950)

In the Matter of the Accounting of William F. Henry, as Executor of Charles Henry, Deceased.

Surrogate's Court, Erie County.

February 3, 1950.


Attorney(s) appearing for the Case

Theodore A. Viehe for executor, petitioner.

Liol D. Smith for Carl E. Henry and another, objectants.


BUSCAGLIA, S.

The executor of this estate petitioned the court for a judicial settlement of his final accounts. In the course of this proceeding an objectant, Emery L. Henry, obtained an ex parte order directing the executor to account for his proceedings as attorney in fact for the decedent during the latter's lifetime. Subsequently the executor had this order set aside on the ground that notice was required...

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