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MATTER OF KELLOGG

14 Misc.2d 1054 (1958)

In the Matter of the Accounting of National Bank of Westchester et al., as Executors of Jane S. Kellogg, Deceased.

Surrogate's Court, Westchester County.

December 5, 1958.

Attorney(s) appearing for the Case

Kettner, Gage & Kettner for petitioners.

James M. Glimm for Gertrude K. Cummings and another, respondents.

Bannister, Stitt, Holloway & Krause (Edward W. Stitt of counsel), for Frances Broughton, respondent.

Frederick H. Berges, Jr., as special guardian.

JOHN J. DILLON, S.

The disputed claims described in schedule "D-1" of the account are disposed of as follows:

(1) The claim advanced by the assignees of the payee of the decedent's promissory note for $5,000 is allowed. The argument that the obligation was released by the will of the payee was rejected by the New York County Surrogate in his decree of January 19, 1953 and is res judicata against the executors of the present estate who were...

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