MATTER OF GASSER


279 A.D. 587 (1951)

In the Matter of the Accounting of Roy C. Gasser, as Trustee, and William H. Hayes, as Substituted Trustee and as Surviving Executor of Emery L. Ferris, Deceased Substituted Trustee, under an Indenture of Trust Made by William K. Vanderbilt. Muriel V. Adams et al., Appellants; Guaranty Trust Company of New York, as Executor of William K. Vanderbilt, Deceased, Respondent. (Appeal No. 1.) Muriel V. Adams et al., Appellants; William H. Hayes, as Surviving Executor of Emery L. Ferris, Deceased Substituted Trustee, and as Substituted Trustee, et al., Respondents. (Appeal No. 2.) (Consolidated appeals.)

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

October 1, 1951.


Appeal No. 1. Order granting motion to dismiss cross complaint unanimously affirmed, with $10 costs and disbursements.

Section 264 of the Civil Practice Act, is not applicable in this proceeding. (Matter of Fields, 193 Misc. 781, affd. 276 App. Div. 835.) Appeal No. 2. Order denying motion for a change of venue affirmed, with $10 costs and disbursements to respondents filing briefs...

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