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Matter of Frame

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1933
238 App. Div. 811 (N.Y. App. Div. 1933)

Opinion

March, 1933.

Appeal from Surrogates' Court of New York County.

Present — Finch, P.J., McAvoy, Martin, O'Malley and Townley, JJ. Decree appealed from reversed, with costs to the appellants payable out of the estate, and the proceeding remitted to the surrogate for further action in accordance with the opinion.


There is not sufficient evidence contained in the record upon which to base a conclusion as to the value of the services rendered to the estate, as distinguished from those rendered for the benefit of Waddell. We are not in a position, therefore, under the circumstances disclosed, to determine whether the allowance as made is excessive or correctly measures the value of the services. The decree of the Surrogate's Court should be reversed, with costs to the appellants payable out of the estate, and the matter remitted to that court for further consideration. The surrogate may deem it wise to permit this matter to await the final accounting.


Summaries of

Matter of Frame

Appellate Division of the Supreme Court of New York, First Department
Mar 1, 1933
238 App. Div. 811 (N.Y. App. Div. 1933)
Case details for

Matter of Frame

Case Details

Full title:In the Matter of the Estate of CAROLINE W. FRAME, Deceased. Application by…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1933

Citations

238 App. Div. 811 (N.Y. App. Div. 1933)

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