MATTER OF CITY BANK FARMERS TRUST CO.


284 A.D. 899 (1954)

In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under Four Trust Agreements Executed Respectively by Reginald A. Clarke and Others, Respondent. Audley Clarke Company et al., Respondents; Gertrude S. Kitfield, Appellant

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

October 18, 1954.


Order dated May 5, 1953, insofar as appealed from, and order dated March 29, 1954, affirmed, with one bill of $10 costs and disbursements.

While there is authority for the granting of an allowance to a party who is not a trustee for the services rendered by his attorneys (County Trust Co. v. Young, 287 N.Y. 801; Chemical Bank & Trust Co. v. Ott, 248 App. Div. 406, 422, mod. 274 N.Y. 572), Special Term was without power to

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