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MATTER OF GORDEN

8 N.Y.2d 71 (1960)

In the Matter of the Accounting of Ruth Gorden, as Executrix and Trustee of Oliver A. Gorden, Deceased, Appellant. Ann E. Clark, Respondent; Roger B. Gorden, Appellant.

Court of Appeals of the State of New York.

Decided May 26, 1960.

Attorney(s) appearing for the Case

F. Walter Bliss for Ruth Gorden, appellant.

James F. Ryan for Roger B. Gorden, appellant.

Leo Salon and John J. Madden for respondent.

Judges DYE, FROESSEL and BURKE concur with Judge VAN VOORHIS; Chief Judge DESMOND dissents in an opinion in which Judge FULD concurs; Judge FOSTER taking no part.

VAN VOORHIS, J.

This appeal concerns a claim of Ann E. Clark, also known as Mrs. Oliver Gorden, for work, labor and services against the Oliver Gorden estate. She claims to have been employed for more than seven years on the basis of a weekly wage which was never paid. The amount of the claim is $18,100. It was rejected by the Surrogate. The Appellate Division directed a recovery of $9,000, allowing what it thought...

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