MATTER OF DI PRATO


15 Misc.2d 571 (1958)

In the Matter of the Accounting of Kenneth C. Cole, Public Administrator of the County of Westchester, as Administrator of The Estate of Attilio Di Prato, Deceased.

Surrogate's Court, Westchester County.

November 17, 1958.


Attorney(s) appearing for the Case

John D'Apice for petitioner.

Fink & Pavia for widow.

Harry G. Herman, County Attorney, for Department of Public Welfare of the County of Westchester.


JOHN J. DILLON, S.

In this contested accounting proceeding a question has been raised as to the right of the administrator to pay debts of the decedent and administration expenses, including attorney's fees, since it is alleged that such payments consume a portion of the $1,000 exemption set aside for the benefit of the surviving spouse under section 200 of the Surrogate's Court Act. The objectant has not raised any question with respect to the payment...

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