MATTER OF BRADY


3 A.D.2d 921 (1957)

In the Matter of the Accounting of Catherine T. Brady, as Administratrix of The Estate of Simeon Brady, Jr., Deceased, Respondent. Rose Tong, Appellant

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

May 6, 1957


Decree reversed and a new trial granted, with costs to abide the event.

The record does not substantiate the learned Surrogate's determination that none of the items of appellant's claim is meritorious. In this respect we conclude that the determination is against the weight of the evidence. On the new trial, while not mandatory, it would be of material assistance on any subsequent appeal if the learned Surrogate would make findings of fact as to each item asserted...

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