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MATTER OF SCHINASI

208 Misc. 1056 (1955)

In the Matter of the Accounting of Bankers Trust Company, as Trustee under The Will of Leon Schinasi, Deceased.

Surrogate's Court, New York County.

August 12, 1955.

Attorney(s) appearing for the Case

Harold H. Corbin, Edward J. Bennett and David E. Pitcher, Jr., for Ruby Schinasi, petitioner.

Thomas Kiernan, J. Adam Murphy and Haliburton Fales, II, for trustee, respondent.

Joesph Trachtman for Solomon L. Schinasi and another, respondents.

Jacob K. Javits, Attorney-General, in his statutory capacity under section 12 of Real Property Law and section 113 of Personal Property Law, respondent.

Frederick V. P. Bryan, special guardian for Robert S. M. Goldsmith and another, infants, respondents.

FRANKENTHALER, S.

This proceeding to reopen decrees on accounting and to remove the corporate trustee is brought by testator's widow who is a cofiduciary and a trust beneficiary. The petitioning widow claims that in accounting proceedings in this court the trust company wrongfully appropriated a commission of five per centum of collected rents and she asks that the corporate trustee be required to reimburse...

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