MATTER OF WALLER


17 A.D.2d 854 (1962)

In the Matter of The Estate of Thomas W. Waller, Deceased. Morton Miller, Respondent; Maurice Waller et al., as Successor Trustees of The Will of Thomas "Fats" Waller, Deceased, Appellants

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

October 29, 1962


Order of December 26, 1961 affirmed, without costs.

Even if it be assumed that a creditor who is entitled to a fee or to expenses of administration may not institute a proceeding to compel a testamentary trustee to account, nevertheless the trustees have failed to appeal either from said decree of August 4, 1960, or from an order of October 16, 1961 which overruled their special appearance, or from the said order of October...

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