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MATTER OF O'BRIEN

24 A.D.2d 87 (1965)

In the Matter of the Accounting of Mathias P. Poersch, as Surviving Trustee of a Trust Created by Frank C. O'Brien, Deceased, Respondent. Gertrude E. Kelliher et al., Appellants; John G. Smith et al., as Administrators of The Estate of Grace S. O'Brien, Deceased, et al., Respondents

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

October 29, 1965.

Attorney(s) appearing for the Case

Cook & Cook (Vernon Murphy of counsel), for Gertrude E. Kelliher and others, appellants.

Dan G. Farano for Elizabeth M. Looby, appellant.

John B. Poersch and Mathias P. Poersch, in person, for Mathias P. Poersch, respondent.

Anthony P. Lucas, special guardian for persons unknown, respondent.

John F. O'Connor for Emily McElroy, appellant.

Franklin P. Gavin for Loretta M. Meyer and others, appellants.

Murphy, Aldrich, Guy, Broderick & Simon (Harold E. Blodgett of counsel), for John G. Smith and others, respondents.

GIBSON, P. J., HERLIHY, REYNOLDS and HAMM, JJ., concur.

AULISI, J.

Appellants seek review of a decree of the Surrogate's Court of the County of Schenectady, entered on June 30, 1965, and intermediate orders of said court which denied motions for an adjournment, for leave to file objections, to remove and replace the trustee, to remove the special guardian and for a stay of proceeding pending appeal.

The source of the dispute is a $100,000 trust created under...

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