MATTER OF DAVENPORT


27 A.D.2d 752 (1967)

In the Matter of The Estate of Julius B. Davenport, Deceased. Chase Manhattan Bank, as Trustee, Respondent; Daniel Eisenberg, as Special Guardian for Richard S. Barnes, Jr., and Others, Infants, Appellant

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

February 27, 1967


Decree reversed insofar as appealed from, on the law and the facts, with costs to the parties filing separate briefs, payable out of the income accounts of the two trust estates herein involved, and proceeding remitted to the court below for further proceedings not inconsistent herewith. Findings of fact inconsistent herewith are reversed and new findings are made as indicated herein.

The trusts herein involved were created under a will executed in 1917. The will...

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