In the Matter of the Accounting of Herbert S. Greenberg et al., as Executors of Herman M. Braloff, Deceased, Respondents. Henry Root Stern, Jr., as Special Guardian, et al., Respondents; Kate Braloff, Appellant.
In the Matter of The Estate of Herman M. Braloff, Deceased. Morris Braloff et al., Respondents; Bruce Rubin et al., Appellants. (Consolidated Appeals.)
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued January 9, 1958.
Decided April 3, 1958.
Attorney(s) appearing for the Case
Paxton Blair, Louis Freedman and Joseph F. Carlino for appellants in the second above-entitled proceeding.
Monroe J. Cahn for Herbert S. Greenberg and another, respondents, in support of appellants, in the second above-entitled proceeding.
James G. Blake for appellant in the first above-entitled proceeding.
Jay Leo Rothschild for Morris Braloff, respondent in each proceeding.
Jay Leo Rothschild and Joseph Trachtman for Sandra B. Borgenicht and another, respondents in the second above-entitled proceeding.
Monroe J. Cahn and Herbert S. Greenberg, in person, for Herbert S. Greenberg and another, respondents in the first above-entitled proceeding.
Henry Root Stern, Jr., special guardian for Denise R. Rubin and others, infants, respondent in each proceeding.
Louis J. Lefkowitz, Attorney-General (Kenneth D. Shearer and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law, to uphold the constitutionality of the Surrogate's Court Act (§ 8, subd. 5).
Concur: Chief Judge CONWAY and Judges DESMOND, FROESSEL, VAN VOORHIS and BURKE. Judges DYE and FULD dissent in the removal proceeding only, upon the ground that the facts adduced required the removal of the executor Morris Braloff.
Court of Appeals of the State of New York.
Orders affirmed, with costs and disbursements in the accounting proceeding to Herbert S. Greenberg and Maxwell Shmerler, executors, and to the special guardian, payable out of the estate, said disbursements to include such part of the executors' disbursements as was incurred in printing the consolidated record on appeal to the Court of Appeals and their brief in the accounting proceeding and the special guardian's brief; and with costs and disbursements in the removal proceeding...
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