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MATTER OF WELLS

308 N.Y. 270 (1955)

In the Matter of the Accounting of Peoples Bank of Johnstown, New York, as Trustee under The Will of David A. Wells, Deceased, Respondent. Joseph D. Oliver, Jr., et al., Appellants; Gertrude K. Hayward et al., Respondents.

Court of Appeals of the State of New York.

Decided March 3, 1955

Attorney(s) appearing for the Case

Lydon F. Maider and Herbert W. Patterson for appellants.

Walter J. Hogan for Gertrude K. Hayward and others, respondents.

Alfred D. Dennison for Peoples Bank of Johnstown, respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

BURKE, J.

Under the second decretal paragraph of the modified decree inserted in accordance with the opinion of the Appellate Division, the provision of the original surrogate's decree for the immediate payment of $8,082.81 to John Wells, as trustee under the will of Alida Wells for his life, has been stricken and direction made that said sum be held by the trustee under the will of David Wells to pay over the...

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