MATTER OF SUTRO


71 Misc.2d 996 (1972)

In the Matter of of the Final Accounting of United States Trust Company of New York, as Surviving Trustee, under a Trust Indenture, Made by Florentine S. Sutro and Another.

Supreme Court, Special Term, New York County.

April 19, 1972


Attorney(s) appearing for the Case

Kramer, Marx, Greenlee & Backus for petitioner.


ARNOLD L. FEIN, J.

A fiduciary in one capacity is, in effect, here accounting to itself as a cofiduciary in another capacity, although it is also accounting to its cofiduciary in the second capacity. Although SCPA 2210.10, as amended by chapter 551 of the Laws of 1969, eliminates the requirement that process issue to all persons interested in the estate of a deceased beneficiary, where "the accounting fiduciary...

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