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MATTER OF FID. & DEPOSIT CO. OF MARYLAND v. MARSHALL

36 Misc.2d 230 (1962)

In the Matter of Fidelity and Deposit Company of Maryland, Petitioner, v. Michael T. Marshall, Jr., as a Committee of Michael T. Marshall, an Alleged Incompetent Person, Respondent.

Supreme Court, Special Term, Bronx County.

August 17, 1962

Attorney(s) appearing for the Case

Maurice, McNamee & White for petitioner. Jay Leo Rothschild for respondent.

ABRAHAM J. GELLINOFF, J.

Motions 84 and 101 — which seek similar relief — are determined together.

Pursuant to section 158 of the Civil Practice Act, petitioner seeks to be relieved from liability as surety on the bond of two of the individual members of the committee of the incompetent, which committee is now composed of four members. The order appointing the four members of the committee directed a joint bond for the amount provided...

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