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MATTER OF McCAMPBELL

36 Misc.2d 108 (1962)

In the Matter of the Final Accounting of Bankers Trust Company, as Trustee of the Trust Made by Theron McCampbell.

Supreme Court, Special Term, New York County.

June 28, 1962

Attorney(s) appearing for the Case

White & Case (Robert V. Shannon of counsel), for Bankers Trust Company, petitioner. Raphael, Searles & Vischi (Oswald Vischi of counsel), for Riverview Hospital and others, respondents. Duer, Strong & Whitehead for Joseph Baier, as executor of Sara W. McCampbell, deceased. Shearman & Sterling (Herbert P. Carter and George A. Nelson, Jr., of counsel), for William N. Caton and others, respondents. Allyn Edward Burby for Lawrence J. McCampbell, respondent.

OWEN McGIVERN, J.

In this proceeding under article 79 of the Civil Practice Act for the final settlement of the account of the trustee of an inter vivos trust, no objections to the account have been filed, but a serious question has arisen as to the distribution to be made of the corpus.

The trust was created April 1, 1913. The settlor was domiciled in New Jersey. The trustee was a New York trust...

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