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MATTER OF MOSTEIRO

280 A.D. 823 (1952)

In the Matter of the Accounting of Ramon Mosteiro, as Sole Surviving Executor of Juan A. Lopez, Deceased. Antonio R. Freire, as Ancillary Executor of Casimiro Calza, Deceased, Appellant; Carmen L. Garcia, Individually and as Administratrix of The Estate of Juan A. Lopez, Deceased, Respondent

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

June 23, 1952.

In our opinion there was sufficient proof of services rendered and the amount of the claim; and respondent failed to sustain the burden of establishing payment. (Lerche v. Brasher, 104 N.Y. 157; Matter of Ruppert, 265 App. Div. 871; Matter of Barry, 250 App. Div. 814.) Insofar as the opinion below contains findings of fact inconsistent herewith, they...

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