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MATTER OF TABER

96 A.D.2d 890 (1983)

In the Matter of The Estate of Carlotta L. Taber, Deceased. Virginia Carroll, Appellant; Vincent Angelo, Respondent

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

August 15, 1983

Order affirmed, without costs or disbursements.

In a proceeding to compel a fiduciary to account, the Surrogate acts in his discretion, governed by what is deemed to be the best interests of the estate (Matter of Thoms, 76 Misc.2d 132, SCPA 2205, 2206). Under the facts at bar, where the respondent fiduciary asserted that no assets of the estate ever came into his possession or control and that he had neither paid nor...

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