MATTER OF PAYNE


11 Misc.2d 367 (1957)

In the Matter of the Accounting of United States Trust Company of New York, as Trustee under Indenture Made by Oliver H. Payne.

Supreme Court, Special Term, New York County.

March 1, 1957.


Attorney(s) appearing for the Case

Carter, Ledyard & Milburn for petitioner.

Davidson, Dawson & Clark for executors and trustees of William Bingham, II, deceased.

Bernard Newman, guardian ad litem.

Reynolds, Richards, McCutcheon & Ely for estate of Harry P. Bingham, deceased.

Hall, Haywood, Patterson & Taylor for Melissa Y. Bingham.

Louis Lefkowitz, Attorney-General, for State of New York.

Coudert Brothers for Harry P. Bingham, Jr.

Charles A. Buckley, Jr., guardian ad litem for Belinda Bingham and others, infants.


HENRY EPSTEIN, J.

This account has been finally settled by order of this court dated December 15, 1955 (FRANK, J.), with the following reservation: "First: * * * Provided, however, that there is hereby expressly reserved for subsequent decision and settlement the proper allocation between principal and income of 8,200 shares of common stock of Borg-Warner Corporation received by the trustee as a stock...

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