MATTER OF FIEBRANTZ v. McCORMICK


43 A.D.2d 794 (1973)

In the Matter of the Claim of Cybil E. Fiebrantz et al., as Administrators C. T. A. of The Estate of Anna A. Day, Deceased, Respondents, v. Estate of Thomas F. McCormick, Appellant

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

December 13, 1973


Decree unanimously modified in accordance with memorandum as modified affirmed, without costs.

Memorandum:

Respondents, as administrators c.t.a. of the estate of Anna A. Day, brought this proceeding under SCPA 1809 to determine the validity of a rejected claim filed in the estate of Thomas F. McCormick. The Surrogate found the claim valid and ordered judgment for $19,500, plus interest. The claim was based upon alleged payments made by Anna Day from...

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