MATTER OF FOSS


282 A.D. 509 (1953)

In the Matter of the Probate of The Will of Martin M. Foss, Deceased. Joseph A. Gerardi, Respondent; Martin M. Foss, Jr., et al., Appellants

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

October 27, 1953.


Attorney(s) appearing for the Case

Bouvier Beals of counsel (Cyril Crimmins with him on the brief; Bleakley, Platt, Gilchrist & Walker, attorneys), for appellants.

Edward V. Gross of counsel (K. Frederick Gross and Edward V. Gross, attorneys), for respondent.

PECK, P. J., COHN, BASTOW and BOTEIN, JJ., concur.


BREITEL, J.

Objectants, legatees under a will, appeal. Their objections to the issuance of letters testamentary to a coexecutor named in the will were dismissed without the taking of proof. The basis for the objections is the existence of a diversity or conflict of interest between the coexecutor in his representative and in his individual capacities.

The facts, for purposes of this appeal, are not in...

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