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MATTER OF BRAYTON

18 A.D.2d 753 (1962)

In the Matter of The Estate of Stephen R. Brayton, Deceased. Fannie E. Brayton et al., Appellants. Mildred E. Merriman, Respondent

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

December 6, 1962

MEMORANDUM BY THE COURT.

Upon the facts here presented it was an improvident exercise of discretion for the Surrogate to grant letters of administration with the will annexed to the committee of the life beneficiary. Such action placed one of the committee (Mildred E. Merriman) in a dual position that may result in serious conflict. Mrs. Merriman's husband, Warren C. Merriman, and the life beneficiary were executors of the will from 1935 to June 19, 1950 when the...

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