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MATTER OF FITCH

281 A.D. 65 (1952)

In the Matter of the Accounting of William R. Fitch et al., as Administrators with The Will Annexed of Charles C. Fitch, Deceased, Respondents. Richard M. Halsey, as Executor of Flora H. Fitch, Deceased, et al., Appellants; Groton and Lansing Congregational Church et al., Respondents

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

December 30, 1952.

Attorney(s) appearing for the Case

Arthur L. Mepham for Richard M. Halsey, as executor of Flora H. Fitch, deceased, appellant.

Arthur L. Mepham and William R. Fitch, in person, for William R. Fitch and others, appellants.

Theodore Fenstermacher for Groton and Lansing Congregational Church and others, respondents.

Harry S. Hamilton for Belle B. Ross, respondent.

Arthur L. Mepham and Richard M. Halsey for William R. Fitch and another, as administrators with the will annexed of Charles C. Fitch, deceased, respondents.

FOSTER, P. J., HEFFERNAN, BREWSTER, COON and HALPERN, JJ., concur.

Per Curiam.

The testator, Charles C. Fitch, drafted a will in his own handwriting and executed it August 26, 1930. He then owned 115 shares of the common stock and 160 shares of the preferred stock of United States Steel Corporation. He died October 6, 1949.

Before he died he had disposed of all these shares of stock. Also before he died, and after the disposition of testator's shares, the United States Steel...

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