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MATTER OF BANK OF NEW YORK

9 N.Y.2d 808 (1961)

In the Matter of the Bank of New York, as Trustee under the Will of Arthur B. Emmons, Deceased, and as Trustee of the Trust Established by Arthur B. Emmons by Indenture, Respondent; Bank of New York, as Executor of Julia W. Emmons, Deceased, et al., Appellants; Richard S. Humphrey, Jr., et al., Respondents.

Court of Appeals of the State of New York.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Walter D. Fletcher, John C. Hover and Laurence A. Spelman for Bank of New York, as executor of Julia W. Emmons, deceased, and others, appellants.

Clendon H. Lee for Tuskagee Institute, appellant.

John L. Gray, Jr., and Richard B. Covey for Richard S. Humphrey, Jr., and others, respondents.

Daniel G. Tenney, Jr., and John W. Mazzola for Elizabeth A. Curtis and others, respondents.

Jacquelin A. Swords and George M. Vetter for Nathaniel Parkinson, as executor of Mary Emmons Parkinson, deceased, and others, respondents.

Munn Brewer and Franklin Montross, Jr., for Elizabeth Emmons Holmes and others, respondents.

Henry N. Ess, III, and Lorene Joergensen for George B. Emmons and another, respondents.

Richard S. Emmet, John L. Merrill, Jr., and Grenville T. Emmet for Bank of New York, as trustee, respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Order affirmed, with costs to all parties appearing separately and filing separate briefs, payable out of the trust estate...

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