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MATTER OF REES

277 A.D. 839 (1950)

In the Matter of The Estate of Tom Rees, Deceased In the Matter of the Accounting of W. Clifford Roderick, as One of the Executors of Tom Rees, Deceased Trustees of Bryn Seion Welsh Congregational Church et al., Appellants; W. Clifford Roderick, as One of the Executors of Tom Rees, Deceased, et al., Respondents

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

June 6, 1950.

Per Curiam.

The executor forfeited his right to commissions by his misconduct and unfaithfulness to his trust (Cook v. Lowry, 95 N.Y. 103; Matter of Frame, 245 App. Div. 675; Matter of Junkersfeld, 244 App. Div. 260). While he may have believed the assignments he obtained to be valid, nevertheless, there was no justification for his conduct in treating the estate assets as his own while there were other persons beneficially interested in...

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