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MATTER OF SCHINASI

2 A.D.2d 105 (1956)

In the Matter of The Estate of Leon Schinasi, Deceased. Ruby Schinasi, Appellant-Respondent. Bankers Trust Company, Respondent-Appellant, and Harold Smith, as Executor of Leon Schinasi, Deceased, et al., Respondents

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

July 3, 1956.

Attorney(s) appearing for the Case

Harold H. Corbin of counsel (Edward J. Bennett and David E. Pitcher, Jr., with him on the brief; Corbin, Bennett & Delehanty, attorneys), for appellant-respondent.

Joseph M. Callahan of counsel (Joseph A. Doran, Thomas Kiernan, J. Adam Murphy and Haliburton Fales, 2d, with him on the brief; White & Case, attorneys), for respondent-appellant.

Frederick vP. Bryan, special guardian, of counsel (William Hughes Mulligan and Martin Fogelman with him on the brief), for Robert S. M. Goldsmith and another, respondents.

PECK, P. J., FRANK and VALENTE, JJ., concur with RABIN, J.; COX, J., concurs in opinion.

RABIN, J.

Bankers Trust Company (hereinafter referred to as "Bank") individually and as executor and trustee under the will of Leon Schinasi, deceased, appeals from so much of a decree of FRANKENTHALER, S., entered November 15, 1955 as granted petitioner's application to reopen and vacate two prior decrees of the Surrogate's Court settling the account of the Bank as executor and one decree settling accounts as...

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