MATTER OF SMALL


281 A.D. 837 (1953)

In the Matter of The Estate of Julia R. Small, Deceased. James Gibb, as Executor of Julia R. Small, Deceased, et al., Appellants; B. Otto Jacobsen, as Ancillary Executor of Julia R. Small, Deceased, Respondent

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

February 9, 1953.


No opinion.

Nolan, P. J., and Beldock, J., dissent and vote to reverse the decree and to grant the petition, with the following memorandum:

Appellants seek the removal of respondent as ancillary executor of the last will and testament of Julia Rhinelander Small, deceased, so that appellant Schwartz and another may be appointed in his place to prosecute in the courts of this State a claim asserted by the Small estate through its domiciliary executors for the...

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