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MATTER OF WHEELER

28 Misc.2d 787 (1961)

In the Matter of the Accounting of Robert P. Smith, as Executor of Archer E. Wheeler, Deceased.

Surrogate's Court, Westchester County.

June 21, 1961

Attorney(s) appearing for the Case

Smith, Ranscht & Croake (Herbert A. Finneson, Peter T. Manos and Joel M. Aurnou of counsel), for petitioner. Simpson Thacher & Bartlett (Durand H. Van Doren, David G. Sacks, Howard R. Patch, Jr., and John A. Guzzetta of counsel), for respondent. Louis J. Lefkowitz, Attorney-General (Tony Berman of counsel), for State of New York.

JOHN J. DILLON, S.

In determining the principal question raised by the supplemental petition the court regards the following facts as basic and decisive: In its decision of April 2, 1959, the court directed the executor to seek a tax refund. The executor complied with the court's direction by filing a claim for refund with the Internal Revenue Service on June 8, 1959. What happened thereafter was not reasonably...

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