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MATTER OF LEVIN

302 N.Y. 535 (1951)

In the Matter of the Accounting of Herman Levin, as an Executor of Morris Levin, Deceased. Herman Levin, Individually and as an Executor of Morris Levin, Deceased, Appellant and Respondent; Belle L. Burrill et al., Respondents and Appellants.

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Max Zucker and Stanley Zucker for accountant, appellant and respondent.

George A. Spiegelberg and Leon Silverman for objectants, respondents and appellants.

LEWIS, CONWAY and FROESSEL, JJ., concur with DYE, J.; DESMOND, J., dissents in opinion in which LOUGHRAN, Ch. J., and FULD, J., concur.

DYE, J.

The parties to this proceeding in the nature of an intermediate accounting are the executors of the will of the deceased father, Morris Levin. Herman is the son of the decedent by his first marriage. He files a voluntary account to which the others, Belle Burrill and Max Levin, children by decedent's second marriage, have filed objections, consisting of several...

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