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MATTER OF KIAMIE

309 N.Y. 325 (1955)

In the Matter of The Estate of Najeeb Kiamie, Deceased. Fareed Kiamie, as Executor of Najeeb Kiamie, Deceased, Appellant; Colonial Trust Company, Respondent.

Court of Appeals of the State of New York.

Decided November 23, 1955

Attorney(s) appearing for the Case

Sidney A. Fine, Max Rosner and Arthur Karger for appellant.

Harry Rodwin, Monroe Goldwater, Richard M. Goldwater and Bernard Katz for respondent.

CONWAY, Ch. J., FROESSEL, VAN VOORHIS and BURKE, JJ., concur; DYE and FULD, JJ., taking no part.

DESMOND, J.

While this is in form a Surrogate's Court discovery proceeding, the dispute which it brings up for decision is as to whether or not respondent trust company converted corporate stock belonging to the estate of which appellant is executor, and which stock had been held by the trust company as collateral security for a promissory note made by appellant's testator...

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