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MATTER OF EPPING

29 A.D.2d 410 (1968)

In the Matter of the Accounting of Bankers Trust Company, as Trustee of an Express Trust Executed by John C. Epping, Appellant-Respondent George McKinley, as Guardian ad Litem for Lorraine C. Arnold, Appellant-Respondent; Ella Epping, Respondent-Appellant; Glen W. Watkins, as Guardian ad Litem for Claire E. Arnold, Respondent

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

March 26, 1968.

Attorney(s) appearing for the Case

George McKinley, guardian ad litem for Lorraine C. Arnold, appellant-respondent in person.

Arthur E. Sullivan of counsel (Lark & Sullivan, attorneys), for Bankers Trust Company, appellant-respondent.

Miriam C. Feigelson of counsel (Stephen R. Lang with him on the brief; Breed, Abbott & Morgan, attorneys), for Ella Epping, respondent-appellant.

Glen W. Watkins, guardian ad litem for Claire E. Arnold, respondent in person.

EAGER and BASTOW, JJ., concur with STEVENS, J. P.; McGIVERN, J., dissents in opinion in which TILZER, J., concurs.

STEVENS, J. P.

These are appeals by the trustee, Bankers Trust Company, and by George McKinley, one of the guardians ad litem, from a judgment entered June 30, 1967, in the first and final accounting by Bankers of Trust No. 4, and also an appeal by Ella Epping, the widow of the donor of the trust, from so much of that judgment as overruled her objection No. 7 to the computation of commissions of the trustee in...

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