MATTER OF KILMER


18 Misc.2d 60 (1959)

In the Matter of the Accounting of George M. Ely et al., as Trustees under Paragraphs Eighteenth and Nineteenth of the Will of Willis S. Kilmer, Deceased.

Surrogate's Court, Broome County.

May 15, 1959.


Attorney(s) appearing for the Case

Hinman, Howard & Kattell (Prescott D. Perkins and John M. Keane of counsel), for George M. Ely and others, as surviving testamentary trustees under the will of Willis S. Kilmer, deceased, petitioners.

Kenefick, Letchworth, Baldy, Phillips & Emblidge for George M. Ely, one of the petitioners and surviving testamentary trustees, acting as co-counsel for said petitioner with Hinman, Howard & Kattell.

Twining & Fischer (Rollin L. Twining of counsel), for Sarah J. E. W. Kilmer, now Ellison, widow of Willis S. Kilmer, deceased.

Charles R. Stewart and Hackett, Harbachuk & Thomas for Hattie M. Cannon, respondent.

Rexford W. Titus for Ethel C. Horton, as executrix, respondent.

Bliss & Bouck (F. Walter Bliss of counsel), for Morris K. Bouck and another, respondents.

Harp & Hafke (Peter H. Harp of counsel), for Walter A. Kilmer, respondent.

J. William Burke for Martha W. Burke and others, respondents.

James L. Gage for David I. Rickard and others, respondents.

Arthur J. Ruland for Jon D. Palmatier and others, respondents.

Robert E. Dempsey and Arthur J. Ruland for Lee E. Kilmer, respondent.

Robert Lamont for James A. Slingerland, as administrator, respondent.

Wallace H. Sidney for Jennie E. Borst and others, respondents.

Bernard H. Chernin, special guardian for unknown heirs, distributees and necessary parties.

Samuel H. Pearis, special guardian for Kilmer Cannon, an incompetent person, and another, respondents.

Kniffen & Kniskern (J. LeRoy Kniskern of counsel), for Nettie Crommie, individually and as committee of Romeyne Kilmer, Jr., an adjudged incompetent person, and others, respondents.

Leary, Fullerton & Sweeney (Walter A. Fullerton of counsel), for Chester A. Mann and others, respondents.


FRANK E. THOMAS, J.

The petitioners, the trustees above named in this proceeding, petition for a judicial settlement of the account of said trustees down to December 31, 1956. Counsel representing the remainderman and special guardian for incompetent remaindermen and special guardian for unknown heirs and necessary parties who may fall within the classification of remaindermen, have filed formal objections to...

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