MATTER OF MILLER


3 Misc.2d 632 (1956)

In the Matter of the Accounting of Charlotte S. Miller, as Executrix of Carl A. Miller, Deceased.

Surrogate's Court, Westchester County.

February 16, 1956.


Attorney(s) appearing for the Case

Chambers, Clare & Gibson for Charlotte S. Miller, claimant.

Burke & Burke for executrix, petitioner.

Gilbert M. Landy, special guardian.


SAMUEL FAILE, S.

In this accounting proceeding the executrix, who is the widow of testator, seeks approval of her personal claim in the amount of $12,000. The special guardian, who appears on behalf of 11 infant remaindermen, has interposed objections to the claim, contending that such claim is founded upon a usurious transaction and is therefore void under section 373 of the General Business Law.

The...

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