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MATTER OF GROEDEL

23 Misc.2d 1046 (1960)

In the Matter of The Estate of Franz M. Groedel, Deceased.

Surrogate's Court, New York County.

January 15, 1960.

Attorney(s) appearing for the Case

Benjamin B. Ferencz for Elaine Cherelle, petitioner.

Simon Presant for Horace W. K. Borchardt and others, respondents.

Maurice Shorenstein for Sanatorium Groedel Stiftung, respondent.

Kelley, Drye, Newhall & Maginnes for Hanover Bank, respondent.

John B. Alfieri, as special guardian for Yann G. F. Cherelle and another, infants, respondents.

Louis J. Lefkowitz, Attorney-General (Julius Greenfield of counsel), for indefinite charitable beneficiaries, respondents.

S. SAMUEL DI FALCO, S.

The account of the executors was judicially settled by decree dated June 27, 1956. The present proceeding was instituted for the purpose of vacating and setting aside that decree and compelling the executors to repay to the estate "all assets erroneously or wrongfully distributed" by the executors on the ground that the accounting executors had deliberately concealed material facts and...

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