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MATTER OF GOULD

17 A.D.2d 401 (1962)

In the Matter of The Estate of Harry D. Gould, Deceased. Gerald F. Gould, Jr., Appellant; Orange County Trust Company et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 6, 1962.

Attorney(s) appearing for the Case

Andromidas & Pratt (George C. Pratt of counsel), for appellant.

Elbert N. Oakes for respondents.

BERGAN, P. J., GIBSON and REYNOLDS, JJ., concur with HERLIHY, J.; TAYLOR, J., dissents, in an opinion, and votes to affirm.

HERLIHY, J.

Appellant petitioned the Surrogate's Court for revocation of letters of trusteeship granted the respondents, Orange County Trust Company and Walter E. Deisseroth, and for an order prohibiting the transfer of certain shares of stock which comprised the corpus of the trust.

The Surrogate dismissed the petition for failure of proof and refused to remove the trustees. He made no finding as to...

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