MATTER OF CAVANAGH


14 A.D.2d 175 (1961)

In the Matter of the Accounting of The State Bank of Albany, as Executor of Albert Cavanagh, Deceased Executor of Marion P. Cavanagh, Deceased, Appellant. Physicians Hospital of Plattsburgh et al., Respondents

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

August 1, 1961.


Attorney(s) appearing for the Case

Thomas A. Robinson and Harry P. Kehoe for appellant.

Harold A. Jerry for Rector, Wardens and Vestrymen of Trinity Church, respondent.

James A. Fitzpatrick for Physicians Hospital of Plattsburgh and another, respondents.

William J. Quinlan, special guardian for Julie H. Cavanagh, an infant.

Joseph W. Kelley, special guardian for unknown heirs.

BERGAN, P. J., GIBSON, HERLIHY and REYNOLDS, JJ., concur.


TAYLOR, J.

This is an appeal by State Bank of Albany, as executor and trustee under the last will and testament of a husband and as administrator with the will annexed of the estate of his predeceased wife, from parts of a decree of the Surrogate's Court of the County of Clinton which construed certain provisions of her will.

By paragraph SECOND of her last will and testament dated November 26, 1955,...

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