MATTER OF TUTTY


46 A.D.2d 1008 (1974)

In the Matter of The Estate of Marie G. Tutty, Deceased. Carl Kirby, Respondent; S. Folsom Selwood, as Executor of John R. Tutty, Deceased, Appellant

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

December 12, 1974


Decree unanimously reversed, without costs, and petition dismissed.

Memorandum:

On December 26, 1966, Marie G. Tutty acquired the Kirby Office Equipment Company from Carl Kirby. She filed an assumed name certificate three days later renaming the business "Marie's Gifts, Stationery and Office Supplies". She died intestate on May 8, 1968 leaving her husband, John R. Tutty (Tutty), as her sole distributee. He became administrator of his wife's estate and in an...

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