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MATTER OF SPITZMULLER

304 N.Y. 608 (1952)

In the Matter of the Application of Lucy Spitzmuller, Appellant. Bankers Trust Company, as Trustee of Trusts Created by Morton Otis, Respondent.

Court of Appeals of the State of New York.

Decided June 5, 1952

Attorney(s) appearing for the Case

Leslie H. Arps and Joseph H. Flom for appellant.

Orison S. Marden, Haliburton Fales, II, and John M. Johnston for respondent.

Peter Keber for New York State Bankers Association, amicus curiæ, in support of respondent's position.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ. Not sitting: CONWAY, J.

Order affirmed, with costs payable out of any balance of the fund remaining in the hands of the trustee...

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