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MATTER OF BOURNE

11 A.D.2d 128 (1960)

In the Matter of the Intermediate Accounting of Joseph Trachtman, as Executor of Saul H. Bourne, Deceased, Appellant-Respondent. Mary M. Bourne, Also Known as Bonnie Bourne, Appellant-Respondent; Mary E. Keedick, Also Known as Beebe Bourne, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 28, 1960.

Attorney(s) appearing for the Case

Simon Rose of counsel (Louis Nizer, Walter S. Beck and Albert F. Smith with him on the brief; Phillips, Nizer, Benjamin, Krim & Ballon, attorneys), for Mary M. Bourne, appellant.

Samuel J. Silverman of counsel (Bernard Finkelstein with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, attorneys), for Joseph Trachtman, appellant-respondent.

Arthur F. Driscoll of counsel (Milton M. Rosenbloom and Edmund C. Grainger, Jr., with him on the brief; O'Brien, Driscoll & Raftery, attorneys), for respondent-appellant.

Lawlor & Rockwood for Mary M. Bourne, respondent.

BOTEIN, P. J., VALENTE, STEVENS and BERGAN, JJ., concur.

Per Curiam.

Decedent's widow and daughter are the two residuary legatees under his will, sharing the estate equally, except that the estate taxes are imposed upon the share of the daughter. Mother, daughter and an attorney are the three executors under the will. Three music publishing corporations, which had been wholly owned by the decedent, constitute the principal assets of the estate. Although the will was probated...

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