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MATTER OF KELLOGG

35 A.D.2d 145 (1970)

In the Matter of the Accounting of Spencer Kellogg, Ii, et al., as Trustees under a Trust Agreement with Howard Kellogg, Respondents. David W. Kellogg et al., Infants, by Their Guardian ad Litem, John T. Elfvin, Appellants; David K. Anderson, Respondent

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

October 29, 1970.

Attorney(s) appearing for the Case

John T. Elfvin, guardian ad litem for David W. Kellogg and another, infants, appellants.

Phillips, Lytle, Hitchcock, Blaine & Huber (William E. Lytle of counsel), for Spencer Kellogg, II, and another, respondents.

Diebold & Millonzi (Robert I. Millonzi of counsel), for David K. Anderson, respondent.

GOLDMAN, P. J., DEL VECCHIO, WITMER and BASTOW, JJ., concur.

GABRIELLI, J.

The guardian ad litem for two infant contingent remaindermen appeals from a judgment of the Supreme Court at Special Term, which among other things, settled the account of the trustees of an inter vivos trust and directed payment of the corpus of the trust to the individual respondent herein.

In 1923, Howard Kellogg executed a trust agreement settling certain property in trust for...

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