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MATTER OF SMITH

84 A.D.2d 664 (1981)

In the Matter of The Estates of Herman C. Smith and Cecile L. Smith, Deceased. Leo J. Gangl, Appellant; Vincent D. Tryon, as Executor of Herman C. Smith and Cecile L. Smith, Deceased, et al., Respondents

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

October 29, 1981

Cecile L. Smith died testate in February, 1969. Her husband, Herman, died testate in August, 1970. Vincent Tryon was named executor of Herman's estate and he retained attorney Leo Gangl to settle the estate. In February, 1973, upon petition of Earl J. Smith and Ida Mae Barto, beneficiaries of the estate, and pursuant to order of the Surrogate's Court, Tryon filed an intermediate account prepared by Gangl. Subsequently, Tryon dismissed Gangl and retained the law firm of Thaler...

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