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MATTER OF UNITED STATES TRUST CO. OF NEW YORK

11 N.Y.2d 955 (1962)

In the Matter of the Intermediate Accounting of United States Trust Company of New York, as Trustee under the Will of Charles C. Marshall, Deceased, Respondent. Charles R. Marshall et al., Appellants; Louis J. Lefkowitz, Attorney-General of the State of New York, on Behalf of the Director of Letchworth State Hospital, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 1962.

Attorney(s) appearing for the Case

Monroe J. Cahn and Charles A. Butts for income beneficiaries and adult competent remaindermen, appellants.

Alexander C. Dow, special guardian for Julian V. Marshall, an incompetent, and Kimball Overholt and others, infants, appellant.

E. Sheldon Stewart and William Imhof for United States Trust Company of New York, respondent.

No appearance for Attorney-General, respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Order of Appellate Division reversed and decree of the Surrogate's Court reinstated, with costs to all parties appearing separately and filing separate briefs payable out of the trust estate (Matter of Burrows, 3 N.Y.2d 869; Matter of Smathers, 309 N.Y. 487

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