MATTER OF CLARK


10 Misc.2d 866 (1958)

In the Matter of the Accounting of Marion F. Clark, as Executrix of Michael J. Murphy, Deceased.

Surrogate's Court, Bronx County.

May 2, 1958.


Attorney(s) appearing for the Case

Vaughan & Lyons for executrix.

David Davidoff for Chas. W. Sommer & Bro., Inc., claimant.

Scribner & Miller for Walter B. Cooke, Inc., claimant.

Albert Margolin, special guardian for John M. Arsenault and others, infants.


CHRISTOPHER C. McGRATH, S.

In this accounting proceeding, six parties having claims against this insolvent estate contend that they are entitled to a preference and seek to impress a trust upon the assets.

Upon the stipulated facts as herein presented, the court finds that the decedent acted in the nature of a trustee for the claimant, Chas. W. Sommer & Bro. Inc., for merchandise held by the decedent...

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