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MATTER OF MATTHEWS

280 A.D. 23 (1952)

In the Matter of the Accounting of Bank of New York and Fifth Avenue Bank et al., as Trustees of a Trust Made with Jean L. Matthews, Appellants-Respondents. Mark S. Matthews, Respondent-Appellant; Aaron Marcus, as Guardian ad Litem for George G. Matthews and Others, Appellant-Respondent

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

March 25, 1952.

Attorney(s) appearing for the Case

William H. Matthews, Jr., of counsel (Robert W. Knox with him on the brief; Knox, Matthews & Lishman, attorneys), for Mark S. Matthews, respondent-appellant.

Edward S. Bentley of counsel (Conklin & Bentley, attorneys), for accounting trustees, appellants-respondents.

Aaron Marcus, as guardian ad litem, appellant-respondent in person.

PECK, P. J., DORE and BERGAN, JJ., concur with SHIENTAG, J.; COHN, J., dissents in part, in opinion.

SHIENTAG, J.

These are cross appeals from an order of Special Term settling and allowing as filed the intermediate account of two trustees, Bank of New York and Fifth Avenue Bank, and Harry H. Flagler, under a deed of trust executed by Jean Louise Matthews. Mark Stanley Matthews, the life income beneficiary and cotrustee of the express trust, appeals from that part of the final order which determines that certain...

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