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MATTER OF BALL

43 Misc.2d 1032 (1964)

In the Matter of the Accounting of Bankers Trust Company, as Trustee under a Deed of Trust Made by Herman F. Ball.

Supreme Court, Special Term, New York County.

October 2, 1964

Attorney(s) appearing for the Case

Wagner, Quillinan & Tennant for petitioner. Shearman & Sterling (Henry B. Guthrie and Gerard T. Shevlin of counsel), for respondents. Allin, Riggs & Fiencke (Arad Riggs and Joseph E. Swierzbinski of counsel), for respondents. Le Boeuf, Lamb & Leiby (John A. Brough and Julian L. Peabody of counsel), for respondents. Burke & Burke (Frederick F. Rehberger and Jay W. Jacobs of counsel), for respondents. Irving M. Luria, as guardian ad litem for named infant respondents. Robert E. Himmelstein, as guardian ad litem for other named infant respondents.

ABRAHAM N. GELLER, J.

This motion has been made for reconsideration of my determination (reported at 43 Misc.2d 84) holding invalid the attempted exercise by the donee of the power of appointment of this inter vivos trust fund and directing that distribution thereof be made as alternatively provided in the trust indenture.

The procedural objection —...

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