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MATTER OF ANDRUS

4 Misc.2d 831 (1956)

In the Matter of the Accounting of Helen W. Benedict et al., as Trustees under the Will of John E. Andrus, Deceased.

Surrogate's Court, Westchester County.

December 7, 1956.

Attorney(s) appearing for the Case

Kelley, Drye, Newhall & Maginnes for petitioners.

Frederick M. Davenport, Jr., for Edith J. Davenport.

Frederick P. Close, special guardian.

Joseph G. Saile, special guardian.

SAMUEL FAILE, S.

The only question presented for determination in this trustees' accounting proceeding relates to the right of two of the trustees to annual principal commissions under the will of testator, and the right of the third trustee to annual principal commissions under the petition and order appointing him as a successor trustee. Annual principal commissions are claimed by virtue of subdivision 1B of...

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