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MATTER OF KYLE

281 A.D. 205 (1953)

In the Matter of the Accounting of Stacy D. Behe, as Committee of the Person and Property of Celia M. Kyle, an Incompetent, Respondent. Celia M. Kyle, Appellant

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

January 16, 1953.

Attorney(s) appearing for the Case

Salem G. Mansour for appellant.

J. F. Henry De Lange for respondent.

All concur, except VAUGHAN and PIPER, JJ., who concur as to the modification in the majority opinion but dissent and vote to surcharge the committee as to items raised by other objections, in a separate opinion. Present — TAYLOR, P. J., McCURN, VAUGHAN, PIPER and WHEELER, JJ.

TAYLOR, P. J.

We are called upon to review the orders of the Official Referee which judicially settled the final account of Stacy D. Behe, former committee of the person and property of Celia M. Kyle, a former incompetent, insofar as said orders dismissed objections filed to said account and insofar as the order of August 1, 1952, fixed and allowed commissions, special allowances and counsel fees out of the former...

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