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MATTER OF TUTTLE

4 N.Y.2d 159 (1958)

In the Matter of The Estate of William R. Tuttle, Deceased. In the Matter of the Accounting of Carl D. Thomy et al., as Executors of William R. Tuttle, Deceased. Mildred K. Tuttle et al., Appellants; Genesee Valley Union Trust Company et al., as Executors of William R. Tuttle, Deceased, Respondents.

Court of Appeals of the State of New York.

Decided March 27, 1958.

Attorney(s) appearing for the Case

Walter J. Holloran for Mildred K. Tuttle, appellant.

Theodore H. Solomon, special guardian, for Susan L. Hanks and others, infants, appellant.

David H. Shearer, respondent in person and for Genesee Valley Union Trust Company, respondent.

Leonard S. Zartman, W. Clyde O'Brien and Alfred W. Dunbar for Carl D. Thomy, respondent.

Chief Judge CONWAY and Judges FULD, FROESSEL, VAN VOORHIS and BURKE concur; Judge DYE taking no part.

DESMOND, J.

Mildred K. Tuttle, widow of the decedent, and Theodore Solomon, a special guardian of infant contingent remaindermen of a testamentary trust, appeal to this court as of right from an Appellate Division order which modified a Surrogate's decree by striking one $10,000 item from a claim allowed by the Surrogate against the estate to respondent Carl D. Thomy...

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