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MATTER OF HARE

123 Misc.2d 266 (1984)

In the Matter of The Estate of Genevieve S. Hare, Also Known as Genevieve Hare, Deceased.

Surrogate's Court, Nassau County.

March 12, 1984

Attorney(s) appearing for the Case

McKee, Dorris & Peltz for petitioner. McCoyd & Keegan for respondent.

C. RAYMOND RADIGAN, J.

The motion to dismiss this discovery proceeding presents the somewhat novel question of whether one executor can commence a proceeding to recover assets in the possession of a coexecutor. My predecessor, Surrogate Bennett, declined to entertain such a proceeding in Matter of Matheron (207 Misc. 1061), primarily because of the common-law theory treating coexecutors as one and the inability...

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