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  5. 21 N.Y.2d 790 (1968)
 

MATTER OF KINDERMANN

21 N.Y.2d 790 (1968)

In the Matter of The Estate of Elfriede K. Kindermann, Deceased. William J. Kalt et al., Appellants; Christian Science Board of Directors of the Mother Church, the First Church of Christ, Scientist, in Boston, Massachusetts, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 14, 1968.

Attorney(s) appearing for the Case

Elmer Lee Fingar and John G. McQuaid for appellants.

Ezra P. Prentice, Jr., and J. Franklin Van Deren for Christian Science Board of Directors of the Mother Church, The First Church of Christ, Scientist, in Boston, Massachusetts, respondent.

Louis J. Lefkowitz, Attorney-General (William Roberts, Samuel A. Hirshowitz and Gustave J. Soderberg of counsel), as attorney for ultimate charitable beneficiaries, respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, and KEATING. Judge BREITEL concurs in the following opinion in which Judge JASEN concurs.

Order reversed and objections to the executors' account dismissed on the dissenting opinion at the Appellate Division, with costs to all parties appearing separately and filing separate briefs, payable out of the estate.

BREITEL, J. (concurring).

I agree that the order of the Appellate Division should be reversed. In so agreeing, candor requires the statement that I perforce vote to relax the rigorous...

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