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MATTER OF BALL

43 Misc.2d 84 (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.

April 6, 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. LeBoeuf, Lamb & Beily (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.

In this proceeding to settle the accounts of an inter vivos trust, the trustee has requested the court to determine the validity of the exercise of the power of appointment of the remainder interest of said trust by the donee of the power.

In 1952 the settlor, then a resident of this State, made this trust agreement providing for payment of net income for life to his niece...

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