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MATTER OF ENGLIS

2 N.Y.2d 395 (1957)

In the Matter of the Accounting of Bankers Trust Company, as Surviving Trustee under the Will of Charles M. Englis, Deceased, Respondent. Hanover Bank, as Executor of Ruth E. Whittlesey, Deceased, et al., Appellants; Russell W. Melcher et al., Respondents.

Court of Appeals of the State of New York.

Decided March 8, 1957.

Attorney(s) appearing for the Case

Thomas T. Kilhenny and George Gruberg for Fiduciary Trust Company of New York and another, as executors of John Englis, deceased, appellants.

J. Quincy Hunsicker, III, and John J. Loflin, Jr., for Hanover Bank, as executor of Ruth E. Whittlesey, deceased, appellant.

Chauncey L. Grant for Russell W. Melcher and others, respondents.

David R. J. Arnold, in person, and Richard Steel for David R. J. Arnold, special guardian for Janice Melcher, an infant, respondent.

Malcolm J. Edgerton, Jr., for Bankers Trust Company, as surviving trustee under the will of Charles M. Englis, deceased, respondent.

CONWAY, Ch. J., DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

DESMOND, J.

The petitioner in this proceeding for an accounting of a testamentary trust asks also for a construction of paragraph Eleventh (A), hereinafter described, of the will of Charles M. Englis who died on January 15, 1926, leaving a will executed just about a year previously, on January 21, 1925. The appeal comes to us on a shortened record and the details of fact are not found therein but there are sufficient...

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