MATTER OF BLUMENGARTEN


4 A.D.2d 954 (1957)

In the Matter of the Accounting of Nathan Blumengarten, as Executor of Thomas A. Faulkes, Deceased. In the Matter of The Estate of Thomas A. Faulkes, Deceased. Caroline E. Gest, as Executrix of Thomas A. Faulkes, Deceased, Appellant; Nathan Blumengarten, as Executor of Thomas A. Faulkes, Deceased, Respondent

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

November 12, 1957


Order affirmed, without costs.

The will named respondent and appellant as coexecutors. Appellant, the testator's daughter, was the sole beneficiary under the will and the testator had no creditors. Part of the testator's "estate" consisted of property held in trust by the testator for appellant and others. Those trust assets were part of the "estate" only for accounting and tax purposes. Appellant and respondent both qualified as executors. Appellant paid the funeral...

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