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MATTER OF CHASE MANHATTAN BANK

11 A.D.2d 805 (1960)

In the Matter of the Intermediate Accounting of Chase Manhattan Bank, as Sole Surviving Executor and Trustee of The Estate of Thomas A. Clarke, Deceased, et al., Respondents. Leonore C. Hilgenberg, Appellant; William C. McCreery, Special Guardian, Respondent

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

July 13, 1960

Order affirmed, with $10 costs and disbursements payable from the estate to all parties filing briefs.

We are unable to say on the record presented that the Surrogate improperly exercised his discretion in allowing compensation to the attorney.

Beldock, J., concurs except as to the attorney's fee; and dissents and votes to grant the respective motions to the extent of disaffirming and rejecting the Referee's report as to such fee and to sustain...

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