MATTER OF BURLEIN


26 A.D.2d 667 (1966)

In the Matter of The Estate of John N. Burlein Deceased. Eben C. Gould, Appellant; Anna B. Philips, Respondent

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

July 5, 1966


Decree reversed on the law and the facts and application granted to the extent of awarding petitioner a $1,000 fee, with costs payable by respondent personally. Findings of fact contained in the Surrogate's decisions which are inconsistent herewith are reversed, and new findings made as indicated herein.

In our opinion, the record discloses that no conflict of interest was involved under the precise facts at bar. Appellant represented respondent individually as well...

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