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MATTER OF HUTCHINS

23 Misc.2d 439 (1960)

In the Matter of The Estate of Augustus S. Hutchins, Deceased.

Surrogate's Court, New York County.

January 8, 1960.

Attorney(s) appearing for the Case

Irving Smith, Jr. (Powers, Kaplan & Berger of counsel), for Royle R. Harrison, deceased trustee and for Waldo Hutchins, Jr., trustee, petitioner.

Dunnington, Bartholow & Miller (Charles G. Pillon of counsel), for Elizabeth W. Hamilton, individually and as executrix of Julia H. Walcott, deceased, respondent.

Charles A. Ellis for Albertha Wolcott and another, respondents.

Irving M. Luria, as special guardian for Frederick J. Hutchins and others, infants, respondent.

Lyman B. Lewis for Margaret J. Hutchins, respondent.

Waldo Hutchins, Jr., respondent in person.

JOSEPH A. COX, S.

Citation in this proceeding for the judicial settlement of the account of trustees was returnable in December, 1958 and the issues were joined by appropriate pleadings in February, 1959. The court stated at a conference of counsel in March, 1959 that a separate trial would be had upon the issue as to the validity of a purported release and thereafter on the first hearing date, June 8, 1959...

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