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MATTER OF D'ESPINAY-DURTAL

4 A.D.2d 141 (1957)

In the Matter of the Accounting of Thomas B. Gilchrist, as Ancillary Executor of Jean F. d'Espinay-Durtal, Deceased. John W. Harris et al., Appellants-Respondents; Thomas B. Gilchrist et al., Respondents, and Cadwalader, Wickersham & Taft, Respondents-Appellants

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

June 11, 1957.

Attorney(s) appearing for the Case

William T. Griffin for John W. Harris and another, appellants-respondents.

Laurence Rosenthal of counsel (Strasser, Spiegelberg, Fried & Frank, attorneys), for Charles L. d'Espinay-Durtal, appellant-respondent.

Thomas B. Gilchrist of counsel, in person (Bouvier Beale and Cyril Crimmins with him on the brief; Bleakley, Platt, Gilchrist & Walker, attorneys), for Thomas B. Gilchrist, respondent.

Hampton D. Ewing, Jr., of counsel (Cadwalader, Wickersham & Taft, attorneys, in person), for Cadwalader, Wickersham & Taft, respondents-appellants.

BREITEL, J. P., RABIN, FRANK, VALENTE and McNALLY, JJ., concur.

Per Curiam.

The appeal from the decree is affirmed insofar as it concerns the fixation of counsel fees (ordering pars. 2, 3, 4, 5, 6 and 7). This is without prejudice to any claim or allowance of fees for services rendered in a proceeding pending in the Supreme Court, both in connection with the inter vivos trust and the tax problems.

It is not disputed that the ancillary executor received and retained...

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