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MATTER OF SIMENOWITZ

36 A.D.2d 760 (1971)

In the Matter of The Estate of Samuel H. Simenowitz, Deceased. Irwin E. Simenowitz et al., Appellants; Alex E. Nashman, as Executor and Trustee of Samuel H. Simenowitz, Deceased, Respondent

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

March 22, 1971

As so modified, decree affirmed, without costs, and proceeding remitted to the Surrogate's Court for entry of an amended decree not inconsistent herewith.

On the record before us, respondent failed to supply any reasonable explanation for retaining a substantial amount of estate funds in a noninterest-bearing bank account for over three years and should be surcharged for interest on that sum (Matter of Ducker, 3 A.D.2d 852

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