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MATTER OF TUTTLE

280 A.D. 868 (1952)

In the Matter of the Accounting of Friend L. Tuttle, as Surviving Executor and Trustee under The Will of Richard E. Allen, Deceased. Friend L. Tuttle, Individually and as Surviving Executor and Trustee under The Will of Richard F. Allen, Deceased, Appellant-Respondent; Charles O. Woolley et al., as Executors of Emily A. Woolley, Deceased Coexecutor and Cotrustee under The Will of Richard E. Allen, Deceased, et al., Respondents-Appellants

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

July 7, 1952.

Decree modified on the law and the facts so as to provide for (a) dismissal and disallowance of all objections except objection number 17 to the executor's account; (b) payment of costs below to all parties, payable out of the estate; (c) allowance of trustee's commissions to petitioner, and as so modified, unanimously affirmed, with costs in this court to all parties filing briefs, payable out of the estate, and proceedings remitted to the Surrogate's Court for computation...

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