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MATTER OF PRATT

5 A.D.2d 501 (1958)

In the Matter of the Accounting of Bankers Trust Company, as Trustee under a Trust Made by Charles H. Pratt, Respondent. Children's Home Society of Florida et al., Appellants-Respondents; Helen A. Pratt et al., Respondents-Appellants; Drusilla P. Gjoerloff et al., Respondents

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

April 10, 1958.

Attorney(s) appearing for the Case

Leland J. Markley of counsel (Lewis A. Spence and Lemuel Skidmore, Jr., with him on the brief; Kelley, Drye, Newhall & Maginnes, attorneys for The Children's Home Society of Florida; Thomas G. Chamberlain, attorney for New York Infirmary; Root, Barrett, Cohen, Knapp & Smith, attorneys for Tuskegee Institute; Putney, Twombly, Hall & Skidmore, attorneys for Berkshire Industrial Farm; George Gray Zabriskie, attorney for Seamen's Church Institute of New York), appellants-respondents.

Mary R. Cowell (J. Thomas Gurney with her on the brief), attorney for respondents-appellants.

Gerald J. McMahon of counsel (Ralph G. Albrecht with him on the brief; Peaslee, Brigham, Albrecht & McMahon, attorneys), for Bankers Trust Company, respondent.

BREITEL, J. P., FRANK, STEVENS and BERGAN, JJ., concur.

McNALLY, J.

This proceeding was instituted by Bankers Trust Company, trustee, for a judicial settlement of its first and final account as trustee of an inter vivos trust created December 22, 1931, by Charles Hyde Pratt, who died testate on September 8, 1953, domiciled in Florida leaving a will which was duly admitted to probate in Orange County, Florida. At the time of the creation of the trust, Mr. Pratt...

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