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MATTER OF KITTELBERGER

4 A.D.2d 218 (1957)

In the Matter of the Accounting of Central Trust Company of Rochester, as Executor and Trustee under The Will of Gothlieb Kittelberger, Deceased, Respondent. Gladys Judd et al., Appellants; Frank D. Bertch et al., Respondents

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

June 19, 1957.

Attorney(s) appearing for the Case

David M. Levy and Bernard M. Pogal for Gladys Judd and others, appellants.

Edwin A. Williams for Laura Martin and others, appellants.

Howard M. Woods and Philip M. Liebschutz for Central Trust Company, as executor and trustee, respondent.

George J. Skivington and George R. Williams for Frank D. Bertch, respondent.

Arthur VD. Chamberlain, special guardian, respondent.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, BASTOW and GOLDMAN, JJ.

BASTOW, J.

This appeal is from a decree construing certain portions of decedent's will and making allowances to all counsel appearing in the proceeding. To place the contentions of the respective parties in proper focus it is necessary to refer briefly to the will and certain prior proceedings.

The testator by paragraph Sixth of his will granted to one Bertch an option to purchase all of the stock owned...

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