WAGNER v. WAGNER


25 A.D.2d 796 (1966)

Jules H. Wagner, Appellant, v. Kenneth L. Wagner, as Administrator of The Estate of Clark L. Wagner, Deceased, Respondent

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

April 29, 1966


TAYLOR, J.

Decedent died intestate on April 1, 1961 leaving him surviving seven children, including appellant and respondent, as his sole distributees. Letters of administration were issued to the oldest son on April 21, 1961. A major asset of the deceased consisted of his farm. On June 9, 1964 the administrator instituted simultaneous proceedings to settle his accounts as such and for leave to sell the real property of which decedent died seized, for...

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