MATTER OF DUELL


232 A.D.2d 251 (1996)

648 N.Y.S.2d 908

In the Matter of The Estate of Manny E. Duell, Deceased. Andrew J. Duell, as Coexecutor, Appellant; Irene Duell, as Coexecutor, et al., Respondents

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

October 17, 1996


Coexecutor Andrew Duell was not entitled to a hearing to contest the appraisal of the estate properties or the plan of distribution proposed by coexecutor Irene Duell and the successor appointed limited coexecutor, since, upon our review of the record, we find that his undocumented critique of the plan of distribution failed to raise any material issues of fact. We also note that he failed to avail himself of the opportunity to...

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