MATTER OF STATE ST. BANK & TRUST CO.


23 A.D.2d 529 (1965)

In the Matter of the Intermediate Accounting of State Street Bank and Trust Company, as Surviving Trustee under a Trust Indenture Made and Executed by Alice H. James with Henry James, Respondent. John H. Hughes, as Guardian ad Litem of Arnold W. Porter and Others, Infants, Appellant

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

January 14, 1965


Order insofar as appealed from unanimously modified by deleting therefrom the last two lines of the sixth ordering paragraph thereof and by substituting therefor a provision that the trustee is surcharged with the full amount of commissions unlawfully retained by it and as so modified the order is affirmed, with costs to appellant.

Memorandum:

Special Term rightly decided that the trustee was not entitled to additional management commissions of $10,180.63...

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