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MATTER OF McGILL

276 A.D. 281 (1950)

In the Matter of the Accounting of Ida C. Vogel, as Executrix of Layton H. Vogel, Deceased, Ancillary Administrator with the Will Annexed of Jennie S. McGill, Deceased Urbane A. Stewart, as Executor of Jennie S. McGill, Deceased, Appellant; Maryland Casualty Company et al., Respondents

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

January 18, 1950.

Attorney(s) appearing for the Case

John E. Barry for appellant.

Mark N. Turner and Albert M. Kraus for Maryland Casualty Co., respondent.

Ward B. Arbury for Ida C. Vogel, executrix, respondent.

All concur. Present — TAYLOR, P. J., LOVE, VAUGHAN, KIMBALL and PIPER, JJ.

KIMBALL, J.

Jennie Stewart McGill, a resident of Canada, died on November 23, 1939. The appellant, Urbane A. Stewart, was the duly qualified executor of her will which was probated in Canada. The testatrix left assets in the State of New York which were in the possession of Layton C. Vogel, an attorney. On December 4, 1942, Vogel was duly appointed ancillary administrator c. t. a. He filed an inventory...

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