¶1In a proceeding instituted by the petitioner, Robert F. Mosback, in the Surrogate’s Court of Queens county to compel Alois A. Mosback, executor of and trustee under the last will and testament of Elizabeth D. Miller, deceased, to pay to the petitioner income claimed to be due to him under said will, the application was denied by the surrogate and an order entered denying it. From that order the petitioner appeals. Order unanimously affirmed, without costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Taylor, JJ.
254 A.D. 902
In re Mosback
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1938
Appellate Division of the Supreme Court of the State of New York · decided 1938-06-24
Decided 1938-06-24