MATTER OF WARREN


11 N.Y.2d 463 (1962)

In the Matter of the Final Accounting of Harry T. Gill, as Executor of Bertha B. Warren, Deceased. Michael Quish et al., Respondents; Harry T. Gill et al., Appellants.

Court of Appeals of the State of New York.

Decided July 6, 1962.


Attorney(s) appearing for the Case

Warner M. Bouck, T. R. Haviland, R. B. Haviland and Isaac Zaleon for appellants.

George W. Cornell for Michael Quish and others, respondents.

Robert L. Maider, Lydon F. Maider and Hugh H. Smith for James P. Quish, respondent.

Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.


DYE, J.

Bertha B. Warren, a resident of Gloversville, New York, died May 14, 1959, leaving a last will and testament dated June 25, 1951 and a codicil thereto dated April 27, 1955. Both instruments were admitted to probate August 3, 1959. Harry T. Gill, a lifelong friend and business adviser to her husband in his lifetime and thereafter to her, was named as executor and appointed as such.

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