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MATTER OF TITLE GUARANTEE & TRUST CO.

285 A.D. 1072 (1955)

In the Matter of the Accounting of Title Guarantee and Trust Company, as Successor Trustee under The Will of Friedrich J. W. Bursch, Deceased, Respondent In the Matter of the Construction of The Will of Friedrich J. W. Bursch, Deceased. Robert W. Dennis, Appellant; Annie E. B. Schradieck et al., Respondents

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

April 16, 1955.

Orders affirmed, with $10 costs and disbursements to respondents filing briefs, payable out of the estate.

The absence of any explanation of how the second waiver and consent dated and executed October 8, 1953, came to be supplied, and the first permitted to stand prior to the entry of the decree, justified the Surrogate in denying the motions. In addition, the appellant presented no extrinsic facts which tended to show...

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