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MATTER OF CLARK

35 Misc.2d 234 (1962)

In the Matter of the Accounting of Central Trust Company, as Trustee of Express Trust Created between Halford R. Clark and Others.

Supreme Court, Special Term, Monroe County.

July 23, 1962

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Dey (W. Clyde O'Brien and Julian W. Atwater of counsel), for Williams College, petitioner. Kaye, Scholer, Fierman, Hays & Handler (Milton Kunen of counsel) and Goldstein, Goldman & Kessler (Manuel D. Goldman and Andrew M. Greenstein of counsel), for Lucy F. S. Clark, respondent. MacFarlane, Harris, Martin, Kendall & Dutcher (Darrow A. Dutcher of counsel), for Central Trust Company, as trustee. Van Schaick, Woods, Strathman, Sturman & Costanza (Howard M. Woods of counsel), general counsel for trustee.

G. ROBERT WITMER, J.

Petitioner, Williams College, has instituted this article 79 proceeding to compel Central Trust Company of Rochester, New York, as trustee of an express trust, created by agreement dated May 15, 1957 between Halford R. Clark, Lucy F. Squire Clark and said trustee, to render and settle its account with respect to 8,000 shares of common stock of Eastman Kodak Company received by the trustee...

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