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MATTER OF SMITH

18 Misc.2d 317 (1957)

In the Matter of the Second and Final Accounting of Hanover Bank, as Trustee under the Will of Ormond G. Smith, Deceased.

Surrogate's Court, Nassau County.

June 4, 1957.

Attorney(s) appearing for the Case

Lovejoy Morris Wasson & Huppuch for petitioner.

Casey Lane & Mittendorf for Constantine Mittendorf, proposed as special guardian for infant, Ralph O. Smith.

Dunnington Bartholow & Miller for Frank M. Foley, proposed as special guardian for infant, Ann A. Smith.

George A. Gibson, as special guardian for infant, Ann A. Smith.

Clark Carr & Ellis for executors of Gerald H. Smith, deceased.

JOHN D. BENNETT, S.

The petition on this accounting requests that "the true meaning and intention of the testator" be examined; that his will be construed, and that rights of infant parties having conflicts of interests be determined.

There have been submitted pro forma applications by two infants aged 14½ years and 19½ years, each of whom nominates his "own" special guardian. The affidavits submitted are almost entirely devoid...

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