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MATTER OF CURRAN

203 Misc. 956 (1953)

In the Matter of the Accounting of Kings County Trust Company, as Surviving Executor and Surviving Trustee, and W. Harry Sefton et al., as Executors of Francis J. O'Hara, Deceased Executor and Trustee, under The Will of Philomena A. Curran, Deceased.

Surrogate's Court, Kings County.

March 20, 1953.

Attorney(s) appearing for the Case

Wrenn & Schmid for surviving executor and trustee, petitioner.

Hurley, Gray & Kearney for executors of Francis J. O'Hara, deceased executor and trustee, petitioners.

Nathaniel Taylor and James E. Birdsall for James E. Freel and another, respondents.

Alexander Freiser for William Farrell and another, respondents.

Frederick Keck for M. C. O'Brien, Inc., respondent.

Fred M. Ahern for State Tax Commission.

Charles M. Grainger for Redemptorist Fathers of New York, respondent.

James F. Ryan for William L. O'Malley, respondent.

Mudge, Stern, Williams & Tucker for Servants of Relief for Incurable Cancer, respondent.

Chambers, Clare & Gibson for Missionary Society of St. Paul the Apostle in the State of New York, respondent.

Twohy & Kelleher for Female Institution of the Visitation, respondent.

Judge & Collins for Sisters of the Poor of St. Francis, respondent.

Wright & Wright for Lynbrook National Bank & Trust Company, respondent.

Edward J. S. Farrell for John J. Young, respondent, and as general guardian for Paul J. Young and another, respondents.

RUBENSTEIN, S.

Testatrix died on October 29, 1945, and letters testamentary upon her estate were issued on December 7, 1945, to an individual and to a trust company, which is hereinafter referred to as the executor.

The executor accounts and credits itself with payment of a real estate brokerage fee to a corporation for services in connection with the sale of a parcel of realty upon which is erected a...

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