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MATTER OF VON RUMOHR

284 A.D. 773 (1954)

In the Matter of the Accounting of Christian A. Von Rumohr et al., as Temporary Administrators of the Estate and as Executors and Trustees under The Will of Elizabeth S. Von Rumohr, Deceased, Respondents. Herbert Brownell, Jr., as Attorney General of The United States, Appellant

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

November 17, 1954.

Attorney(s) appearing for the Case

John O. Henderson, United States Attorney for the Western District of New York (Irwin A. Seibel, Dallas S. Townsend, R. Norman Kirchgraber, James D. Hill and George B. Searls of counsel), for appellant.

Donald C. Lubick and Raymond W. Conklin for respondents.

William B. Mahoney, special guardian, respondent.

All concur. Present — VAUGHAN, J. P., KIMBALL, PIPER, WHEELER and VAN DUSER, JJ.

WHEELER, J.

This appeal from a decree of the Surrogate's Court of Erie County, judicially settling the petitioners' accounts as temporary administrators and executors of and trustees under the will of Elizabeth S. von Rumohr, deceased, concerns the proper allocation of expenses incurred by the executors in the administration of the estate.

In 1937, in Buffalo, New York, Mrs. von Rumohr, a resident of Germany...

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