In the Matter of the Accounting of Y. B. Garden et al., as Executors of Claire R. Wright, Deceased, Respondents. Mary Robinson, Appellant; Helen W. Erskine et al., Respondents
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 4, 1959.
June 4, 1959.
Attorney(s) appearing for the Case
Selma M. L. Berliner of counsel (Ephraim Berliner and Jay H. Rick with her on the brief; Schlesinger & Berliner, attorneys), for appellant.
Melville H. Cane of counsel (Pincus Berner and Paul Gitlin with him on the brief; Ernst, Cane & Berner, attorneys), for Helen W. Erskine, respondent.
Leonard M. Wallstein, Jr., and David E. Pitcher, Jr., of counsel (Corbin, Bennett & Delehanty, attorneys for Harold H. Corbin; Wallstein, Menschel & Wallstein, attorneys for Y. B. Garden), for executors, respondents.
BREITEL, J. P., RABIN and STEVENS, JJ., concur in Per Curiam opinion; M. M. FRANK and McNALLY, JJ., dissent in part and vote to affirm in a memorandum.
Appellate Division of the Supreme Court of the State of New York, First Department.
Per Curiam.
In a proceeding to settle the account of executors, the Surrogate directed that insurance proceeds received in compensation for a missing diamond ring should be paid to the specific legatee of the decedent's jewelry generally. Objectant, the decedent's mother, appeals. Involved is the question of whether the legacy had been adeemed because the ring could not be found in a search commenced after the decedent...
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