MATTER OF HUNTINGTON


14 A.D.2d 312 (1961)

In the Matter of the Accounting of The Bank of New York, as Trustee of the Trust Created for the Benefit of The Hispanic Society of America by Archer M. Huntington, Respondent Anna H. Huntington et al., as Executors of Archer M. Huntington, Deceased, et al., Appellants; Louis J. Lefkowitz, as Attorney-General, et al., Respondents In the Matter of the Accounting of The Bank of New York, as Trustee of the Trust Created for The Huntington Free Library and Reading Room by Archer M. Huntington, Respondent Anna H. Huntington et al., as Executors of Archer M. Huntington, Deceased, Appellants; Louis J. Lefkowitz, as Attorney-General, et al., Respondents

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

October 23, 1961.


Attorney(s) appearing for the Case

Lyon Boston of counsel (Wendell Davis with him on the brief; Shattuck, Bangs & Davis, attorneys), for Anna H. Huntington and another, appellants.

Reigh F. Klann of counsel (Genevieve L. Fraiman with him on the brief; Lord, Day & Lord, attorneys), for the Hispanic Society of America, appellant.

Daniel Steiner of counsel (Richard S. Emmet and John L. Merrill, Jr., with him on the brief; Emmet, Marvin & Martin, attorneys), for the Bank of New York, respondent.

Foster Bam of counsel (Maurice N. Nessen, in person, with him on the brief), for Maurice N. Nessen, as guardian ad litem for Archer H. Mayor, an infant, respondent.

BOTEIN, P. J., BREITEL, RABIN and McNALLY, JJ., concur.


VALENTE, J.

These are appeals taken from two separate orders denying motions — made pursuant to section 167 of the Civil Practice Act — to stay proceedings in article 79 proceedings to settle the intermediate accounts of trustees.

Archer M. Huntington, as settlor, on April 27, 1951 created an inter vivos trust for the benefit of his wife...

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