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MATTER OF MATSON

35 A.D.2d 920 (1970)

In the Matter of the Accounting of Harold Matson et al., as Executors of Robert C. Ruark, Jr., Deceased, Respondents. Marilyn K. Randel, Appellant; Executors of Virginia W. Ruark, Deceased, Respondents

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

December 3, 1970

Resettled decree on accounting, Surrogate's Court, New York County, entered on November 18, 1969, affirmed on the opinion of SILVERMAN, S., with $50 costs and disbursements to all parties filing briefs, payable out of the estate.

Eager, J.: I would modify the accounting decree in the husband's estate to limit the distribution to the estate of the deceased wife from the proceeds of sale of the "Spanish property" to 50% of that portion of the gross proceeds...

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