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MATTER OF CLARKE

12 N.Y.2d 183 (1962)

In the Matter of the Intermediate Accounting of Chase Manhattan Bank, as Sole Surviving Executor and Trustee of The Estate of Thomas A. Clarke, Deceased, et al., Respondents. Leonore C. Hilgenberg, Appellant; William C. McCreery, Special Guardian, Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1962.

Attorney(s) appearing for the Case

Milton M. Bergerman and Joseph Calderon for appellant.

A. Donald MacKinnon and Edward J. Reilly, Jr., for Chase Manhattan Bank, respondent.

Thomas F. Twyford and Frank G. Colgan for Margaret Keogh, respondent.

William C. McCreery, special guardian for infants, respondent.

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

Per Curiam.

Objectant-appellant, one of four beneficiaries under the will of Thomas Clarke, appeals as of right from a decree of the Surrogate's Court, Kings County, settling the intermediate account of the petitioners-respondents, executors and trustees of the Clarke estate.

As executors and trustees of the estate of Thomas Clarke, respondents controlled a corporation which held title to two parcels of undeveloped...

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