MATTER OF MULLALLY


24 Misc.2d 543 (1960)

In the Matter of the Accounting of Chemical Bank New York Trust Company et al., as executors of Edith B. Mullally, Deceased.

Surrogate's Court, Nassau County.

July 27, 1960.


Attorney(s) appearing for the Case

Gerdes Montgomery & Miller (Mandeville Mullally, Jr., of counsel), for petitioners. Leon Engelsberg for Monroe Miller, respondent. J. Russel Sprague (Waldo Hutchins III of counsel), for Philip M. Snyder, Jr., and others, infants.


JOHN D. BENNETT, S.

This is an accounting proceeding, in which a question regarding the jurisdiction of the court has been raised with respect to a claim alleged by the executors to have been made against the estate and rejected by them in the account.

The alleged claim of respondent is for commissions on the sale of certain real estate conveyed by the executors, under a power of sale in decedent's will. The details of the claim need not be discussed...

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