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MATTER OF UNITED STATES TRUST CO. OF NEW YORK

14 A.D.2d 569 (1961)

In the Matter of the Intermediate Accounting of United States Trust Company of New York, as Trustee under The Will of Charles C. Marshall, Deceased, Appellant-Respondent. Charles R. Marshall et al., Respondents-Appellants; Louis J. Lefkowitz, Attorney-General of The State of New York, on Behalf of Director of Letchworth State Hospital, Respondent

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

July 11, 1961

Decree modified, on the law and the facts, by striking out the second decretal paragraph. As so modified, the decree, insofar as appealed from, is affirmed, with costs to the trustee, payable out of the trust estate; and the proceeding is remitted to the Surrogate's Court for entry of a decree not inconsistent herewith. Findings of fact contained in the Surrogate's decision or opinion (21 Misc.2d 154), insofar as they may be inconsistent...

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