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MATTER OF McGINTY

38 A.D.2d 808 (1972)

In the Matter of the First International Accounting of John J. McGinty et al., as Executors of Thomas F. Kearns, Deceased, Petitioners. Manufacturers Hanover Trust Company, as Executor of Thomas F. Kearns, Deceased, Appellant; Louis J. Lefkowitz, Attorney-General of The State of New York, et al., Respondents

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

February 15, 1972

The Surrogate properly ruled that petitioners were not entitled to summary dismissal of the Attorney-General's objections without a trial on the merits of the factual issues tendered. EPTL 8-1.4 authorizes the Attorney-General to raise the triable issues set forth in his objections to the proposed settlement wherein he alleges a breach of duty by the executors during their administration of the charitable trust property. Of course, the ultimate jurisdiction, decision and...

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