MATTER OF MORITZ


20 A.D.2d 196 (1964)

In the Matter of the Accounting of Manufacturers and Traders Trust Company, as Trustee of an Express Trust Made with Charles J. H. Moritz, Respondent; Marine Trust Company of Western New York et al., as Executors of Charles B. Holland, Deceased, Appellants

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

January 9, 1964.


Attorney(s) appearing for the Case

Norman Penney for appellants.

Hodgson, Russ, Andrews, Wood & Goodyear (Stephen H. Kelly of counsel), for respondent.

BASTOW, HENRY, and NOONAN, JJ., concur.


WILLIAMS, P. J.

The question presented is whether the Manufacturers and Traders Trust Company (hereinafter called "trustee"), acting under an express trust agreement between the trustee and one Charles J. Holland Moritz, is entitled to so-called receiving commissions on the increase in value of the corpus of the trust accruing between the time of the original receipt of such corpus by the trustee and the time...

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