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MATTER OF ETOLL

101 A.D.2d 935 (1984)

In the Matter of The Estate of Fred A. Etoll, Sr., Deceased. Fred A. Etoll, Jr., as Executor of Fred A. Etoll, Sr., Deceased, Appellant; Leo Wagner et al. Respondents

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

May 17, 1984

¶ Following a trial on the objections filed by respondents, the Surrogate found that the executor had commingled funds, omitted estate assets from the accounting, improperly transferred or diverted estate assets, improvidently continued decedent's real estate business, improperly taken estate funds as management fees for operating the business and failed to marshall assets. The Surrogate further found that the executor's improper...

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