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CLYMAN v. GLASSER

39 Misc.2d 198 (1963)

Bruce B. Clyman, as Executor and Trustee under the Will of Abraham L. Dorgin, Deceased, Plaintiff, v. Herman Glasser et al., Individually and as Executors and Trustees under the Will of Abraham L. Dorgin, Deceased, et al., Defendants. Irving M. Marks, as Executor and Trustee under the Will of Abraham L. Dorgin, Deceased, Plaintiff, v. Chemical Bank New York Trust Company et al., Defendants.

Supreme Court, Special and Trial Term, New York County.

May 9, 1963

Attorney(s) appearing for the Case

Demov & Morris (A. Carleton Dukess and Joel E. Miller of counsel), for Bruce B. Clyman, plaintiff. Arthur R. Silsdorf for Irving M. Marks, as executor and trustee under the will of Abraham L. Dorgin, deceased, plaintiff, and for I. M. Marks & Co. and another, defendants. Maurice, McNamee & White (Charles R. McNamee of counsel), for Chemical Bank New York Trust Company, defendant.

SAMUEL C. COLEMAN, J.

Three members of the Bar, one of them also and essentially a certified public accountant, were named executors and trustees under a will. In the course of exercising their functions as executors, they opened a checking account and a savings account in the defendant bank, in the name of the estate. Withdrawal of funds in each account was to be made only upon the signatures of all three executors...

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