MATTER OF MOWBRAY


4 Misc.2d 844 (1956)

In the Matter of the Accounting of Anne M. Mowbray, as Executrix of John F. Mowbray, Deceased.

Surrogate's Court, Westchester County.

December 26, 1956.


Attorney(s) appearing for the Case

Louis C. A. Lewin for petitioner.

Jacob K. Javits, Attorney-General, for State Industrial Commissioner.


SAMUEL FAILE, S.

This accounting proceeding involves the priorities to be accorded a claim asserted by the United States for unpaid income taxes, a portion of which in the amount of $15.85 is claimed to represent taxes withheld by the deceased employer. Claimant asserts that the amount of taxes allegedly withheld by the employer constitutes a trust fund entitled to a priority over administration and funeral expenses. The claimed priority as to taxes withheld...

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