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MATTER OF DAY

10 A.D.2d 220 (1960)

In the Matter of the Final Accounting of Guaranty Trust Company of New York, as Trustee of a Trust Made by Joseph P. Day, Respondent. Anina DeZeng Day et al., Appellants

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

March 29, 1960.

Attorney(s) appearing for the Case

Hampton D. Ewing, Jr., of counsel (Catherine Noyes Lee with him on the brief; Cadwalder, Wickersham & Taft, attorneys), for Pauline P. French and others, appellants.

William Victor Goldberg, guardian ad litem for Anina deZeng Day, appellant.

Wallace B. Liverance, Jr., of counsel (Coleman Burke with him on the brief; Burke & Burke, attorneys), for Coleman Burke, guardian ad litem for Snowden T. Day, appellant.

Paul R. Hays, guardian ad litem for Estella P. Day and others, appellants.

White & Case for respondent.

RABIN, J. P., McNALLY, STEVENS and BASTOW, JJ., concur.

M. M. FRANK, J.

This is an appeal from a Special Term order in a proceeding (Civ. Prac. Act, art. 79) for the judicial settlement of the account of the trustee under a trust indenture, and from the court's determination in the construction proceeding.

The donor, Joseph P. Day, was a nationally known, astute real estate operator and auctioneer, who was represented by competent counsel when, in 1942, he...

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