MATTER OF PENNEY


43 Misc.2d 517 (1964)

In the Matter of The Estate of Gretchen R. Penney, Deceased.

Surrogate's Court, Erie County.

July 13, 1964


Attorney(s) appearing for the Case

Penney & Penney (Clara J. Taylor of counsel), for John W. Remington, petitioner. Albrecht, Maguire, Heffern & Gregg (James G. Hurley of counsel), for Charles P. Penney, Jr., respondent. Phillips, Mahoney, Lytle, Yorkey & Letchworth (William E. Lytle of counsel), for Marine Trust Company of Western New York, as trustee. Joseph C. Vispi, as special guardian.


WILLIAM J. REGAN, S.

This is a proceeding to settle the accounts of Charles P. Penney, executor under the last will and testament of Gretchen Rand Penney. The objections made to the accounting basically raise two issues, namely:

1. Is the executor-husband entitled to his prorata share of the increased values of the securities between the date of the decedent's death and the date of distribution?

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