Summary
In Matter of Curtiss (261 App. Div. 964, affd 286 N.Y. 716), the Court imposed a surcharge "because of negligence in respect of want of diversification."
Summary of this case from Matter of JanesOpinion
March 3, 1941.
Appeal from Surrogate's Court, Westchester County.
Present — Lazansky, P.J., Hagarty, Carswell, Johnston and Taylor, JJ.
Decree modified by striking therefrom the surcharge based on certificate No. 1175, for $500, and, as thus modified, unanimously affirmed, without costs, and the matter remitted to the Surrogate's Court for the entry of a decree accordingly. The modification is required by the ruling on certificate No. 2940, in Matter of Prime ( Heermance) ( 254 App. Div. 685; affd., 278 N.Y. 601), and the ruling in Matter of Curtiss ( Sanford) ( ante, p. 964), decided herewith.