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MATTER OF LINGHAM

3 A.D.2d 966 (1957)

In the Matter of the Accounting of Gertrude B. Lingham, as Trustee under The Will of Charles A. Lingham, Deceased, Respondent. Henry George School of Social Science, Appellant

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

May 1, 1957

Decree reversed as a matter of discretion and matter remitted to the Surrogate's Court for further proceedings not inconsistent with the memorandum.

Memorandum:

The petition alleges, and testimony was taken on, various instances of misconduct on the part of the trustee. It is undisputed that trustee's commissions were, for a period, charged to principal contrary to the terms of the will and a prior order of the Surrogate...

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