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MATTER OF LUCKENBACH

303 N.Y. 491 (1952)

In the Matter of the Accounting of Edgar F. Luckenbach, as Trustee under The Will of Lewis Luckenbach, Deceased. Lewis Luckenbach et al., Appellants; Edgar F. Luckenbach, Jr., et al., Respondents.

Court of Appeals of the State of New York.

Decided March 13, 1952

Attorney(s) appearing for the Case

James A. Delehanty, Francis A. McGrath and James N. Vaughan for appellants.

Robert W. Owens, Jr., William R. Conklin and Sperry Butler for Edgar F. Luckenbach, Jr., respondent.

Paul Windels for Roscoe H. Hupper, respondent.

LOUGHRAN, Ch. J., CONWAY, DYE, FULD and FROESSEL, JJ., concur with DESMOND, J.; LEWIS, J., dissents and votes for affirmance upon the grounds stated in the Per Curiam opinion. at the Appellate Division on the motion for reargument.

DESMOND, J.

Lewis Luckenbach, in 1936, assigned to three trustees (Landres, Barnett and Wente) the whole of his vested remainder interest in a testamentary trust set up by his grandfather's will, which had been probated many years before. In this accounting proceeding, begun in 1938, on that testamentary trust of the grandfather, Lewis Luckenbach, as well as his three trustees-assignees, were made parties, and...

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