MATTER OF COHEN


74 A.D.2d 569 (1980)

In the Matter of The Estate of Samuel H. Cohen, Deceased. Hilda Cohen, as Executrix of Samuel H. Cohen, Deceased, Appellant; Chase Manhattan Bank, N. A., as Trustee of The Estate of Samuel H. Cohen, Deceased, et al., Respondents

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

February 4, 1980


Resettled order reversed, without costs or disbursements, and matter remitted to the Surrogate's Court, Nassau County, for a hearing consistent herewith.

An examination of the record reveals a question of fact with regard to the executrix' moral responsibility and her concomitant obligation to file a bond (see SCPA 711, subd 8). The resolution of this question, which in turn revolves around the propriety of certain stock dealings, also raises a question as to the...

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