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MATTER OF SAMUELS

9 Misc.2d 909 (1957)

In the Matter of the Accounting of Ethel M. Samuels, as Executrix of Harry H. Samuels, Deceased.

Surrogate's Court, Broome County.

December 18, 1957.

Attorney(s) appearing for the Case

Alec Rosefsky, Joseph A. D'Esti and Frank Chupp for Ethel M. Samuels, executrix, petitioner.

John V. Romagnoli and Matthew J. Vitanza for John Marella, claimant.

ROY M. PAGE, S.

The sole issue involved herein is as to the validity of a claim asserted by John Marella in the amount of $6,000. The claimant offered in evidence a check dated May 31, 1955, concededly bearing the signature of its alleged drawer, the deceased, and drawn upon the Marine Midland Trust Company of Southern New York, a Binghamton, New York, bank. On the other hand, it is conceded that no part of...

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