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MATTER OF DEANE

4 N.Y.2d 326 (1958)

In the Matter of the Intermediate Accounting of Hanover Bank, as a Trustee of a Trust Created by Albert L. Deane, Appellant. In the Matter of the Construction of the Will of Claire C. Deane, Deceased. Lyttleton Deane et al., Appellants; Lyttleton N. Deane, an Infant, by His Guardian ad Litem, Malcolm Wilson, Respondent.

Court of Appeals of the State of New York.

Decided May 8, 1958.

Attorney(s) appearing for the Case

John L. Freeman and Theodore W. Adler for the Hanover Bank, appellant.

William A. Walsh, Jr., and William A. Walsh for Lyttleton Deane, appellant.

Joseph R. Kelley and William R. White for Ouida C. Ford, appellant.

Malcolm Wilson, as guardian ad litem for Lyttleton N. Deane, an infant, respondent.

Chief Judge Conway and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur.

DESMOND, J.

The proceeding is for judicial settlement of an intermediate account of the trustee of a living trust made by Albert L. Deane in 1932. The accounting bank asked also for a construction of the will of Claire Courteol Deane to determine whether Mrs. Deane, the former wife of the trust's settlor, had in that will exercised the power of appointment granted to her by the trust agreement. The trust corpus...

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