MATTER OF GERMANS

3099, 4361/98.

74 A.D.3d 636 (2010)

906 N.Y.S.2d 203

In the Matter of the Accounting of GERTRUDE ELLEN CRANEY GERMANS, as Executrix of WOUTER F. GERMANS, Deceased. GERTRUDE ELLEN CRANEY GERMANS, Appellant. WOUTER F. GERMANS, JR., Respondent.

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

Decided June 22, 2010.


Contrary to the executrix's argument, the negotiations between herself and the objectant in 2001 and 2002, as reflected in written correspondence between them, did not give rise to a binding agreement regarding the treatment of certain assets for estate accounting purposes. The tenor of the letters, and particularly of those of counsel for the objectant, established that the compromises discussed would be contingent upon an agreement as to a final accounting, with all rights...

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