MATTER OF MARTIN


16 A.D.2d 807 (1962)

In the Matter of The Estate of Lester Martin, Deceased. Jonah J. Goldstein, as Executor of Lester Martin, Deceased, Appellant; Sylvia Martin, Individually and as Executrix of Lester Martin, Deceased, Respondent

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

May 15, 1962


Order, insofar as appealed from, reversed, with $10 costs and disbursements to all parties filing briefs payable out of the estate; and appellant's motion to dismiss granted.

The dishonesty contemplated by the statute is dishonesty in money matters from which a reasonable apprehension may be entertained that the funds of the estate would not be safe in the hands of the executor (Matter of Flood, 236 N.Y. 408, 411). None of the allegations contained in paragraphs...

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