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MATTER OF GILMOUR

18 A.D.2d 154 (1963)

In the Matter of the Intermediate Accounting of William W. Wemple et al., as Executors of William E. Gilmour, Deceased, Respondents. Jean G. Swerdloff et al., Appellants; Mohawk National Bank, as Trustee, Respondent

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

March 18, 1963.

Attorney(s) appearing for the Case

Leary, Fullerton, Ford & Aussicker (William L. Ford of counsel), for Jean G. Swerdloff and another, appellants.

Butler, Kilmer, Hoey & Grey (Theodore H. Grey of counsel), for Grace W. Gilmour, appellant.

Edward H. Gilhouse, as special guardian, appellant in person.

Wemple & Daly (Gerald T. Hennessy of counsel), for executors, respondents.

Borst, Smith, Benedict, O'Loughlin & Smith (James E. O'Loughlin of counsel), for Mohawk National Bank, as trustee, respondent.

BERGAN, P. J., COON, GIBSON and TAYLOR, JJ., concur.

HERLIHY, J.

The children of the decedent appeal from the method adopted by the Surrogate in computing the amount of the marital deduction trust, and from a charge against the principal of the estate's assets of certain maintenance and household expenses pursuant to paragraph "Eight" of the decedent's last will and testament.

The widow contends that the marital trust fund is entitled to share in the appreciation...

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