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MATTER OF EATON

282 A.D. 32 (1953)

In the Matter of the Accounting of Cortez D. Eaton, as Executor of Alphonzo D. V. Eaton, Deceased, Appellant. Earl T. Maxon, Respondent

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

May 13, 1953.

Attorney(s) appearing for the Case

Theodore Fenstermacher and Clayton R. Lusk for appellant.

John J. Gardner for respondent.

FOSTER, P. J., BERGAN, COON and HALPERN, JJ., concur.

IMRIE, J.

The executor is appealing from a decree of the Cortland County Surrogate's Court settling his account as the executor of the last will and testament of his father, Alphonzo D. V. Eaton, who died May 3, 1923. The will, admitted to probate May 25, 1923, gave to testator's widow the use of all his estate during her lifetime and the remainder, except for a small sum for the care of his burial lot, in equal...

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