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MATTER OF CLARK

40 Misc.2d 803 (1963)

In the Matter of the Accounting of the National Commercial Bank and Trust Company, as Trustee for the Benefit of Stephen C. Clark, of Funds Coming into its Possession.

Supreme Court, Otsego County.

November 4, 1963

Attorney(s) appearing for the Case

Leamy, Van Woert & Dunn for National Commercial Bank & Trust Company, as trustee, petitioner. Winthrop, Stimson, Putnam & Roberts for Charles J. Nourse and others, respondents. N. Holmes Clare for Robert V. Clark, Jr., respondent. Goodwin, Savage, Clare & Whithead for Charles E. Main and others, respondents.

JOSEPH P. MOLINARI, J.

The case involves the distribution upon the death of the life tenant of funds held by the National Commercial Bank & Trust Company in trust by court order from a sale of real property formerly owned by Edward Severin Clark.

Paragraph 9 of the will of Edward Severin Clark provides in part that certain premises known as "Fenimore" should be given and devised to his brother Stephen Carlton Clark for and during the term...

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