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MATTER OF BERENSON

284 A.D. 266 (1954)

In the Matter of the Accounting of Herman J. Tart, as Coexecutor of Wladimir Berenson, Deceased, Appellant. Antonie Berenson-Chirkin, Appellant; Vladimir Vicas, Respondent

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

June 21, 1954.

Attorney(s) appearing for the Case

John F. X. Finn of counsel (Tart Bros. & Wald, attorneys), for Herman J. Tart, as executor, appellant.

Robert H. Peterson of counsel (Jas. Maxwell Fassett, attorney), for Antonie Berenson-Chirkin, appellant.

Leo J. Friedman of counsel (Arthur J. Brothers, attorney), for respondent.

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

BERGAN, J.

In his lifetime the deceased Wladimir Berenson held for the account of the objectant Vladimir Vicas "about $8,000". Berenson was related to Vicas and referred to him as "my cousin". The indebtedness of decedent to Vicas was expressed in a cryptic written form. A letter was addressed to Vicas, dated June 27, 1942, which said, merely: "By this letter I affirm that I have at your disposition about $8,000...

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