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MATTER OF MULLER

28 A.D.2d 889 (1967)

In the Matter of The Estate of Henry Muller, Jr., Deceased. Henry Mueller, III, as Executor of Henry Muller, Jr., Deceased, Appellant-Respondent; Edwin G. Muller, Respondent-Appellant

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

July 10, 1967

Decree modified on the law and the facts, as follows: (1) by amending the recitals therein, which refer to the decision of the Surrogate, dated April 25, 1966, so as to provide that:

"A. With respect to the initial account: `Objection #2 is sustained to the extent that the $15,000 claim against Muller Bros., Inc. shall be included in the final statement of the assets of the estate. The executor shall not be surcharged therefor. Objection #3 is sustained to the extent...

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