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MATTER OF MORRELL

38 Misc.2d 518 (1962)

In the Matter of The Estate of Anita H. H. Morrell, Deceased.

Surrogate's Court, New York County.

December 28, 1962

Attorney(s) appearing for the Case

James A. O'Brien for Gerard J. O'Brien, as administrator c.t.a., petitioner. Joseph A. Bergadano for Richard J. Lax, as executor of Samuel Lax, deceased, respondent. John F. Gilligan for William J. Wilson, individually and as executor of Helen D. Coleman, deceased, respondent. Maxwell N. Rudaw, as special guardian for John G. O'Brien, an incompetent, respondent. Lord, Day & Lord for Vassar College, respondent. Lawrence J. O'Brien for Helen E. Forker, respondent. John J. O'Connor for United States Fidelity & Guaranty Company, respondent. Louis J. Lefkowitz, Attorney-General (Flavius N. Costerella of counsel), for Kings Park State Hospital, respondent.

JOSEPH A. COX, S.

The administrator c.t.a. in this proceeding resists payment of interest on a claim filed against the estate on the ground that a demand for payment of the claim was not made for more than three years after its maturity and that knowledge of the said claim did not come to the attention of the said administrator c.t.a. until long after he was in a position to make payment of all...

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