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MATTER OF LEWIS

11 Misc.2d 532 (1958)

In the Matter of the Intermediate Accounting of Guaranty Trust Company of New York, as Trustee under the Will of William S. Lewis.

Supreme Court, Special Term, New York County.

May 19, 1958.

Attorney(s) appearing for the Case

Burns, Currie, Maloney & Rice for petitioner.

Joseph D. Allen for Mary E. Lewis, as executrix and trustee under the will of William S. Lewis, deceased, respondent.

James R. Cherry, as guardian ad litem for Wendy S. Lewis and others.

Maurice Flam, as special guardian for Laura D. Lewis.

Saul Kaplan, as special guardian for William S. Lewis, Jr.

SAMUEL H. HOFSTADTER, J.

In this proceeding to settle the account of the trustee of an inter vivos trust a question has arisen regarding the validity of the exercise by the grantor of a power of testamentary appointment. One of the parties in interest objects to the determination of this question now, since the time for distribution of the principal has not yet arrived; the trustee, however, urges a present...

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