MATTER OF FABBRI


17 Misc.2d 494 (1959)

In the Matter of John V. Irwin et al., Petitioners, for leave for said John V. Irwin to resign as Trustee of Trust between Edith S. Fabbri and Bank of New York and Trust Company.

Supreme Court, Special Term, New York County.

June 16, 1959.


Attorney(s) appearing for the Case

Hawkins, Delafield & Wood (Charles L. Kades and Clarence Fried of counsel), for petitioners and Dave H. Morris, Jr., respondent.

Emmet, Marvin & Martin (Richard S. Emmet and John L. Merrill of counsel), for Bank of New York and Trust Company, individually and as trustee, respondent.

David A. Prager, as guardian ad litem for infants, respondents.


SAMUEL M. GOLD, J.

This motion is granted to the extent of permitting petitioner Irwin to resign and be discharged of his duties, responsibilities and obligations under the trust indenture. To the extent that petitioner Teresa Fabbri McMurtry seeks (1) appointment in the place and stead of Irwin, and (2) a declaration as to her rights, duties and obligations as successor to Irwin, the motion is denied.

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