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MATTER OF COLE

29 Misc.2d 121 (1961)

In the Matter of The Estate of Louis R. Cole, Deceased.

Surrogate's Court, Nassau County.

July 25, 1961

Attorney(s) appearing for the Case

Cole Friedman & Deitz for petitioner. Bentley & Owens (Robert W. Owens, Jr., of counsel), for Gladys C. Ford and another, respondents.

JOHN D. BENNETT, S.

The petition for the removal of David Friedman, one of the executors herein, by his coexecutor, the Meadow Brook National Bank, is denied on the ground that one executor is not a proper party to seek removal of his coexecutor under the provisions of the Surrogate's Court Act (Matter of Braloff, 3 A.D.2d 912, affd. 4 N.Y.2d 847).

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