MATTER OF GUAR. TRUST CO. OF NEW YORK


285 A.D. 1163 (1955)

In the Matter of the Accounting of Guaranty Trust Company of New York, as Substituted Trustee of The Will of Elmer E. Smathers, Deceased, Respondent. Harriet B. Myers, Appellant; J. Harvey Turnure, as Special Guardian, et al., Respondents

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

May 9, 1955.


Decree, insofar as appealed from, unanimously affirmed, with costs to each respondent submitting a separate brief, payable out of the estate.

The lease was executed by the testator during his lifetime, for a term of ninety-nine years. It contained provisions by which the landlord was relieved of all obligations with respect to the management and control of the premises, and by which those obligations were assumed by the tenant. The landlord, nevertheless, reserved...

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