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MATTER OF FISK

27 Misc.2d 60 (1960)

In the Matter of Pliny Fisk.

Supreme Court, Special Term, New York County.

October 18, 1960

Attorney(s) appearing for the Case

Logan Fulrath for Chemical Bank New York Trust Company and another, as trustees, petitioners. Pell, Butler, Hatch, Curtis & Leviness (Andrew W. Bisset and Ronald R. Arkins of counsel), for First Pennsylvania Banking and Trust Company, as executor of Eleanor H. Fisk, deceased, respondent. Cravath, Swaine & Moore (Frank H. Detweiler and George J. Gillespie, III, of counsel), for Gwendolyn F. Halleran and another, respondents. Hays, Podell, Algase, Crum & Feuer (Benjamin Algase, Abraham J. Evans and Stanley B. Bernstein of counsel), for Samuel E. Witt, respondent. John W. Boyd for Eleanor E. Noall, respondent. Thomas J. Blake for Chemical Bank New York Trust Company and another, as executors of Dorothy F. Payne, deceased, respondents.

HENRY CLAY GREENBERG, J.

By this proceeding under article 79 of the Civil Practice Act, the surviving cotrustees of an inter vivos trust seek an order (1) settling and allowing their final accounts; (2) directing payment of their statutory commissions; and (3) determining which persons are entitled to receive the corpus of the said trust as a result of the death...

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