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MATTER OF SMITH

44 A.D.2d 851 (1974)

In the Matter of The Estate of William Smith, Deceased. Joseph F. Haher, Individually and as Executor and Trustee of William Smith, Deceased, Appellant; George Lea et al., Respondents

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

May 28, 1974

Appeals dismissed, with $20 costs and disbursements to all parties filing separate briefs, payable out of the estate.

Appellant, as executor and trustee under the will, does not have such an interest as would prevent any compromise made among all the parties beneficially interested in the estate (SCPA 2106, subd. 1, par. [b]; Matter of Rainey, 22 A.D.2d 852). Moreover, the interests sought to be protected under a compromise...

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