MATTER OF MONAHAN


22 A.D.2d 900 (1964)

In the Matter of The Estate of Thomas F. Monahan, Deceased. Peter W. Quinn, Appellant; Harry G. Fletcher, Jr., et al., as Executors of Thomas F. Fletcher, Jr., Deceased, et al., Respondents

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

December 14, 1964


The petitioner contends that since, under the statute (Surrogate's Ct. Act, § 118), appointment of the executors as administrators de bonis non was mandatory, such personal references and allegations are "scandalous, unnecessary, irrelevant and impertinent" and should be expunged.

Decree, insofar as appealed from, affirmed, with costs to the respondents (other than the Public Administrator of Westchester County) payable out...

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