MATTER OF KITTELBERGER


11 A.D.2d 897 (1960)

In the Matter of The Estate of Gothlieb Kittelberger, Deceased. Gladys Judd et al., Appellants; Central Trust Company of Rochester, as Executor and Trustee under The Will of Gothlieb Kittelberger, Deceased, et al., Respondents

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

July 1, 1960


Decree unanimously affirmed, with costs of this appeal to each party filing a brief, payable out of the estate. Finding of fact disapproved and a new finding of fact substituted.

Memorandum:

We disapprove the finding of the court below [designated No. (2)] that "Frank D. Bertch was in no wise to blame for any delay in fixing the fair and reasonable price per share of said 2,070 shares of stock or in the execution of the contract of September 5, 1958" and that...

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