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MATTER OF BISHOP

301 N.Y. 498 (1950)

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

Court of Appeals of the State of New York.

Decided November 30, 1950

Attorney(s) appearing for the Case

John B. Doyle for motion.

Henry L. Ughetta, II, for New York Trust Company, in opposition to motion.

George W. Martin for Home for Incurables, in opposition to motion.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

In this proceeding to settle its accounts as trustee, the New York Trust Company filed a claim for legal services which it incurred in a successful defense of an action brought against it individually by income beneficiaries. The Surrogate refused to allow that claim.

The trust company thereupon appealed to the Appellate Division from so much of the decree of the Surrogate's Court as sustained the...

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