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MATTER OF ALLAN

5 N.Y.2d 333 (1959)

In the Matter of the Accounting of Adrian R. Allan, Jr., et al., as Executors of Adrian R. Allan, Deceased, Respondents. Irving Trust Company, as Executor of Helen H. Allan, Deceased, Appellant; Virginia A. Carter et al., Respondents.

Court of Appeals of the State of New York.

Decided March 5, 1959.

Attorney(s) appearing for the Case

John F. LeViness, Elting H. Smith and James W. O'Neil, Jr., for appellant.

Stewart Maurice and Robert Brooks White for Adrian R. Allan, Jr., and another, executors, respondents.

Charles H. Birdsall for Virginia A. Carter, respondent.

Harold Obstler for Alice W. Allan, respondent.

Edward Edelman, in person, and David M. Berger for Edward Edelman, special guardian for infants, respondent.

Chief Judge CONWAY and Judges FULD and BURKE concur with Judge FROESSEL; Judge DESMOND dissents in part in an opinion in which Judge DYE concurs; Judge VAN VOORHIS dissents in a separate opinion.

FROESSEL, J.

In this accounting proceeding commenced by the executors under the will of Adrian Russell Allan, respondents herein, the executor under the will of Allan's widow appeals by permission of the Appellate Division. The courts below have dismissed as insufficient on their face appellant's objections to the account. These objections challenged the validity of an instrument executed and filed...

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