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MATTER OF BISHOP

277 A.D. 108 (1950)

In the Matter of the Accounting of The New York Trust Company, as Trustee under The Will of Cortlandt F. Bishop, Deceased The New York Trust Company, Individually and as Trustee under The Will of Cortlandt F. Bishop, Deceased, Appellant; Amy B. Bishop et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 13, 1950.

Attorney(s) appearing for the Case

Orison S. Marden of counsel (William FitzGibbon with him on the brief; Willkie, Owen, Farr, Gallagher & Walton, attorneys), for appellant.

John B. Doyle of counsel (Hugh G. Perry with him on the brief; John B. Doyle, attorney), for Amy B. Bishop and Edith N. Falcke, respondents.

Henry J. Kennedy of counsel (H. Woodward McDowell with him on the brief; Saxe, Bacon & O'Shea, attorneys for Foundation for the Investigation of Chronic Pulmonary Disease, Inc. and The Trustees of Columbia University in the City of New York, respondents; Root, Ballantine, Harlan, Bushby & Palmer, attorneys for Memorial Hospital for the Treatment of Cancer and Allied Diseases), for respondents.

George W. Martin of counsel (Emmet, Marvin & Martin, attorneys), for Home for Incurables, respondent.

Shirley Falcke, respondent in person.

PECK, P. J., GLENNON, COHN and CALLAHAN, JJ., concur.

SHIENTAG, J.

The appellant appeals from so much of a decree of the Surrogate's Court as sustained the objection of the respondents to the payment by the trustee under the will of Cortlandt F. Bishop, of $7,868.70 for counsel fees and disbursements in connection with the successful defense of an action brought against the appellant the New York Trust Company, individually, by the two life beneficiaries, Mrs. Bishop...

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