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MATTER OF STRAUSS

75 Misc.2d 454 (1973)

In the Matter of The Estate of Emil Strauss, Deceased.

Surrogate's Court, New York County.

September 4, 1973

Attorney(s) appearing for the Case

Sidney E. Werner for Richard S. Ruppel, petitioner. Cahn & Mathias (Joshua B. Cahn and James H. Mathias of counsel), for Frederick L. Adler and another, respondents.

S. SAMUEL DI FALCO, S.

This is a proceeding to compel trustees to account. The petitioner was one of the trustees under the last will and testament of the decedent. This trustee since filing the petition died and his estate has been substituted as petitioner.

In an intermediate decision (Matter of Strauss, N. Y. L. J., June 22, 1972, p. 15, col. 4), the court set a hearing on the single issue presented by the petition and the answer, namely...

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