MATTER OF NAPIER


5 A.D.2d 757 (1957)

In the Matter of the Accounting of Marvin Napier, as Executor of Alexander J. Napier, Deceased, Appellant. Florence Pierce et al., Respondents

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

December 20, 1957


Decree insofar as appealed from reversed on the law and facts and matter remitted to the Surrogate's Court for further proceedings not inconsistent with the memorandum, with costs to the appellant payable out of the estate.

Memorandum:

The Surrogate's Court has surcharged the executor on an accounting proceeding for the difference between $7,200, that being the highest offer for real estate at an auction sale held on September 12, 1953, and $5,700, the amount...

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