MATTER OF KOLBEN


203 Misc. 1012 (1953)

In the Matter of the Accounting of Francis J. Mulligan, Public Administrator of New York County, as Administrator of The Estate of Frank Kolben, Deceased.

Surrogate's Court, New York County.

April 10, 1953.


Attorney(s) appearing for the Case

Joseph A. Cox for administrator, petitioner.

Francis Schmolka for Marie Fiala, respondent.

Lawrence P. Fels for Barbara Zimmerman and another, respondent.

Nathaniel L. Goldstein, Attorney-General (Corning G. McKennee of counsel), in his statutory capacity under section 12 of Personal Property Law and section 113 of Real Property Law, respondent.


FRANKENTHALER, S.

Objection has been interposed to the rejection by the Public Administrator on his final accounting of a claim based upon a check issued by the deceased shortly before his death. There was introduced in evidence the check, drawn in deceased's name to the order of objectant dated January 2, 1946. It was proved that objectant had possession of the check since its date, that it was presented to...

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