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MATTER OF VON GONTARD

36 Misc.2d 529 (1962)

In the Matter of the Final Accounting of Chase Manhattan Bank, as Successor Trustee under a Deed of Trust Executed by Alexander Von Gontard for the Benefit of Kathleen E. Von Gontard.

Supreme Court, Special Term, New York County.

October 16, 1962.

Attorney(s) appearing for the Case

Milbank, Tweed, Hope & Hadley (Daniel G. Tenney, Jr., and Paul C. Lambert of counsel), for Chase Manhattan Bank, as trustee, petitioner. Louis Epstein, as guardian ad litem for Michael B. Schrantz. James T. Bredin for Hancock Bank, as executor of Kathleen E. von Gontard Henschel, deceased.

SAMUEL M. GOLD, J.

This is an application by the accounting trustee for instructions.

The deed of trust containing the testamentary power of appointment was dated July 17, 1918 and was irrevocable. The donee of the power died on January 22, 1961, a resident of Mississippi, and her will, which exercised the power, was probated on January 24, 1961 in Mississippi. Since the deed of trust was executed in...

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