MATTER OF KIRBY


280 A.D. 865 (1952)

In the Matter of the Accounting of Gustavus T. Kirby et al., as Surviving Trustees under Trust Agreement Made by Isabelle C. Kirby, Deceased, Respondents. Isabelle C. Sills et al., Appellants

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

July 7, 1952.


On the court's own motion, the decision handed down June 2, 1952 (ante, p. 381), and the opinion are amended so as to provide that in computing the surcharge for the loss of income resulting from the trustees' unauthorized acts, for the period beginning January 1, 1936, they should also be credited with the income received from the net proceeds realized upon the liquidation of the Coster bond and mortgage and the thirty-four acres of land in Bedford, and should not...

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