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MATTER OF MULLER

24 N.Y.2d 336 (1969)

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

Court of Appeals of the State of New York.

Decided April 10, 1969.

Attorney(s) appearing for the Case

Leo Katzman for appellant-respondent.

Paul J. Goodman for respondent-appellant.

Chief Judge FULD and Judges BURKE, SCILIPPI, BERGAN, KEATING and BREITEL concur.

JASEN, J.

Henry Muller, Jr., died testate on October 18, 1961, leaving two sons, Henry Muller, III, the executor of the estate before us, and Edwin G. Muller, the objectant in this case. Muller's will was quite simple. It provided that his two sons were to share equally in his estate, and that Henry be appointed executor. The will authorized the executor to continue the testator's businesses if, in the executor...

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