MATTER OF SUTTON


281 A.D. 1076 (1953)

In the Matter of The Estate of John M. Sutton, Deceased. David T. Colesberry, Appellant; Louis McMann, Respondent

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

May 28, 1953.


Decree insofar as it denies an application for the appointment of a second temporary administrator affirmed; decree insofar as it denies an injunction restraining the temporary administrator from destroying property of decedent reversed on the law and facts and injunction granted, with costs to all parties appearing, payable out of the estate.

Memorandum:

We think under the circumstances here shown the injunction should have...

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