MATTER OF CENT. TRUST CO., ROCHESTER, NEW YORK


5 A.D.2d 1051 (1958)

In the Matter of the Accounting of Central Trust Company, Rochester, New York, as Executor of Gothlieb Kittelberger, Deceased, Respondent. Gladys Judd et al., Appellants; Frank D. Bertch et al., Respondents

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

April 30, 1958


Order reversed, without costs of this appeal to any party, and motion granted, without costs.

Memorandum:

This is the third time this estate has come to this court. It has been five years since the death of the testator and nearly three years since the filing of the petition for judicial settlement, which is by no means the final settlement. The current appeal is from the denial of the Surrogate to permit an examination of the executor bank "at this time"...

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