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MATTER OF STEWART

202 Misc. 772 (1951)

In the Matter of the Accounting of Charles Lane, as Executor of James M. Stewart, Deceased.

Surrogate's Court, Kings County.

December 18, 1951.

Attorney(s) appearing for the Case

Phillips H. Nicolay for executor, petitioner.

Nathaniel L. Goldstein, Attorney-General (Philip Watson of counsel), for the People of the State of New York, respondent.

George H. Fox for Equitable Life Assurance Society of the United States, objectant.

RUBENSTEIN, S.

Two questions are presented in connection with the settlement of an executor's account. The first concerns itself with priority of payment between the State of New York (hereinafter referred to as the State) and the Equitable Life Assurance Society of the United States (hereinafter referred to as Equitable). The second relates to the amount of counsel fee to be awarded to the attorney for the executor...

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