Order, entered on March 18, 1968, in this article 77 proceeding for the judicial settlement of a trustee's account, unanimously modified, on the law and the facts and as a matter of discretion, to the extent of vacating so much thereof as appoints a private referee, and, as so modified, affirmed, without costs and without disbursements to any party.
A private referee should not have been appointed without consent (Werner v. Jocelyn-Varn Oil Co.,
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