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MATTER OF TUTTLE

10 A.D.2d 938 (1960)

In the Matter of the Accounting of Friend L. Tuttle et al., as Executors of Perry J. Fuller, Deceased. Friend L. Tuttle, Individually and as Surviving Executor of Perry J. Fuller, Deceased, et al., Appellants; John F. Moore, Jr., et al., as Executors of Anna F. Moore, Deceased, et al., Respondents

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

May 24, 1960

Decree unanimously modified, on the law and on the facts, without costs, to the extent of limiting the surcharge of the executors to one half of the interest on $3,607.02 for the period from June 14, 1945 to May 17, 1955, and to provide that if the claimant Friend L. Tuttle elects to add interest to the award of $5,248.42, as provided for in the fifth decretal paragraph, the executors shall be surcharged for one half the interest thereon for the period June 14, 1945 to the...

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