MATTER OF WEISBERG


286 A.D. 850 (1955)

In the Matter of the Probate of The Will of Mollie Weisberg, Deceased. Stanford Weiss, Appellant; Joseph Weiss et al., Respondents

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

June 6, 1955.


Resettled order affirmed, with $10 costs and disbursements, payable out of the estate.

Although the objections allege fraud and undue influence on the part of the two other named executors, no such charge is made against the temporary administrator. He is not a beneficiary under the will, and is an experienced and reputable attorney, familiar with the affairs of the decedent. It was for the Surrogate to determine in his discretion who should be appointed. (Surrogate...

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