MATTER OF POTTER


283 A.D. 979 (1954)

In the Matter of the Accounting of Allen D. Potter et al., as Executors of Frank P. Dowe, Deceased. Albert A. Dowe, Appellant; Allen D. Potter et al., Executors and Trustees under The Will of Frank P. Dowe, Respondents

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

May 19, 1954.


Two executors served for approximately twenty years. The will left the life use of a small estate to the widow with broad powers in connection with the disposal of assets, but without expressed powers of invading the principal. The record does not reveal any personal gain or dishonesty on the part of the executors. They did the best they could to take care of the widow, and, the record indicates, with complete consent of the six adult children. Now on this appeal one objects...

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