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MATTER OF GAUTIER

12 Misc.2d 1001 (1958)

In the Matter of the Accounting of Franklin National Bank et al., as Trustees under the Will of Dudley G. Gautier, Deceased, for the Benefit of Dudley G. Bird. In the Matter of the Accounting of Franklin National Bank et al., as Trustees under the Will of Dudley G. Gautier, Deceased, for the Benefit of Marie L. Jackson.

Surrogate's Court, Nassau County.

April 1, 1958.

Attorney(s) appearing for the Case

Frank Lawkins and E. George Lawkins for trustees.

Winthrop S. Emmet for Dudley G. Bird.

John B. Kelly and William L. Kilcullen for George Gunderson, as executor of Charles E. Gautier, Jr., deceased.

Leone D. Howell and John R. Niesley for Oliver W. Bird, III, and another.

Alfred M. Ehrenslou for Robert M. Lewis and another.

Aaron B. Cohen, special guardian for Frederic E. Lewis, Jr., and another, infants.

JOHN D. BENNETT, S.

After determination by the Court of Appeals (3 N.Y.2d 502), applications for allowances pursuant to section 278 of the Surrogate's Court Act and bills of costs have been submitted by the respective attorneys in the two construction proceedings.

Two questions have arisen on these applications. The first question is whether a bill of costs may be...

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