MATTER OF HILTON


88 Misc.2d 760 (1976)

In the Matter of The Estate of James G. Hilton, Deceased.

Surrogate's Court, Westchester County.

November 3, 1976


Attorney(s) appearing for the Case

Parker, Duryee, Zunino, Malone & Carter for petitioner. Kent, Hazzard, Wilson, Jaeger, Freeman & Greer for executrix, respondent. Gasser & Hayes for executors, respondents.


EVANS V. BREWSTER, S.

In this proceeding, a former wife of the decedent, as a person interested in the decedent's estate as a creditor, seeks to compel the executors of decedent's estate to render and settle an account of their acts and proceedings as such fiduciaries.

The executors have denied petitioner's status as a creditor of decedent's estate and have affirmatively raised the issue that the provisions of a judgment of separation upon which...

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