In re the Estate of Spytko

Appeal from a decree of the Surrogate’s Court of Otsego County, entered January 21, 1976, and from an amended decree of that court, entered February 26, 1976, which approved the amended intermediate accounting of Joseph Spytko, coexecutor of the estate of Pauline Spytko, deceased. Michael Spytko and his mother, Pauline Spytko, owned certain commercial real property in the Village of Richfield Springs, Otsego County, New York, as tenants in common (see Matter of Spytko, 50 AD2d 645). Pauline Spytko died on July 4, 1973 and her interest in this real property was ultimately conveyed by her…