MATTER OF McCLEMENT


8 Misc.2d 766 (1954)

In the Matter of the Intermediate Accounting of Title Guarantee and Trust Company, as Trustee under an Indenture Made by John H. McClement.

Supreme Court, Special Term, Kings County.

October 5, 1954.


Attorney(s) appearing for the Case

Edwin A. McGuire for trustee, petitioner.

Satterlee, Warfield & Stephens for respondent.


J. VINCENT KEOGH, J.

This application is made by petitioner as trustee under an inter vivos trust for a judicial settlement of its account, for permission to resign, for the appointment of a substituted trustee and for a judicial construction that such substituted trustee shall be entitled to receive commissions at the statutory rate rather than at the lesser rate provided in the trust instrument. Opposition is made by the trust beneficiary to...

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