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MATTER OF EMERSON

22 Misc.2d 950 (1959)

In the Matter of the Accounting of David A. Embury et al., as Trustees of a Trust Created by Fred L. Emerson.

Supreme Court, Special Term, Cayuga County.

November 4, 1959.

Attorney(s) appearing for the Case

Noble, Leary, Leary & Carson (Perry E. Leary of counsel), for Thomas S. Tallman and another, as trustees, respondents.

Curtis, Mallet-Prevost, Colt & Mosle (Perry E. Leary of counsel), for David A. Embury as trustee, respondent.

Theodore M. Coburn and Benjamin E. Shove for petitioner.

G. ROBERT WITMER, J.

Petitioner instituted this proceeding under article 79 of the Civil Practice Act to compel the respondent trustees herein to account and to transfer the trust assets to the executors of the will of the deceased life tenant; and respondents interposed answers. Petitioner has moved to strike out respondent trustees' separate defenses contained in paragraphs Thirteen through Twenty-two and...

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