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Matter of Levine

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1951
279 App. Div. 663 (N.Y. App. Div. 1951)

Opinion

November 14, 1951.


Decree dismissing petition to compel executors to account reversed on the law, with costs to appellant, payable out of the estate, and petition granted, without costs. It fairly appears from the proof that by reason of the services of petitioner, an attorney, appointment of an administrator of an estate with alleged assets of no more than $500 was superseded by probate of a will, with a concession on the part of the executors that assets totaled approximately $40,000. The services were of benefit generally to all of the legatees and particularly to those of charitable nature, which had received only a nominal amount prior to the petitioner's services but thereafter were paid in full. On all of the facts, the petitioner is entitled to be paid out of general assets and in consequence, as a creditor of the estate, is entitled to compel an accounting. Nolan, P.J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.


Summaries of

Matter of Levine

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1951
279 App. Div. 663 (N.Y. App. Div. 1951)
Case details for

Matter of Levine

Case Details

Full title:In the Matter of the Compulsory Accounting of LOUIS J. LEVINE et al., as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 14, 1951

Citations

279 App. Div. 663 (N.Y. App. Div. 1951)