MATTER OF GAARN


281 A.D. 734 (1952)

In the Matter of the Accounting of Edgar C. Gaarn et al., as Executors of Hopkins D. Hewitt, Deceased, Appellants. Louis Crosby et al., Respondents

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

December 30, 1952.


The respondents are grandnephews of decedent and beneficiaries under his will. Between June, 1947, and March, 1948, it is conceded decedent loaned the grandnephews about $7,000 in four transactions. In each instance he took a promissory note. It has been established that a check for $2,400 dated November 3, 1948, was issued by deceased, payable and paid to, the two grandnephews. No note has been found and there is no explanation in the record for the check. One of the payees...

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