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MATTER OF CHOPAK

203 Misc. 639 (1952)

In the Matter of the Accounting of President and Directors of Manhattan Company, Successor by Merger to Bank of Manhattan Trust Company, as Trustee under a Trust Indenture Made by Julius S. Chopak.

Supreme Court, Special Term, New York County.

October 7, 1952.

Attorney(s) appearing for the Case

Harold I. Cole and A. Philip Wolfson for trustee, petitioner.

Harrison F. Durand and Robert A. West for Estelle Floersheimer and another, respondents.

Harry F. Mela for Ruben Kittenplan and another, as executors of Herman Chopak, deceased, respondents.

STEUER, J.

The proceeding is brought for the settlement of the petitioner's second intermediate account as trustee under a trust created by Julius Chopak, dated May 19, 1932. There is no objection to any items of the account. One of the parties in interest has asked for a construction of a clause of the indenture and as to this, there is an issue.

The trust agreement provides that the trustee shall take...

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