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MATTER OF WHITE

38 A.D.2d 259 (1972)

In the Matter of the Accounting of Theodore S. Watson, as Surviving Cotrustee, and E. Laurence White, Jr., et al., as Executors of Edward L. White, Deceased Cotrustee, under an Agreement of Trust Dated September 5, 1935, Made by Edward L. White. Theodore S. Watson et al., Appellants-Respondents; Jay Slonim, as Guardian ad Litem for E. Laurence White, Iii, and Another, Infants, Respondent-Appellant

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

February 17, 1972.

Attorney(s) appearing for the Case

John W. Burke of counsel (Bernard M. Althoff with him on the brief; Davies, Hardy, Ives & Lawther, attorneys), for appellants-respondents.

Jay Slonim, guardian ad litem, in person.

MARKEWICH, NUNEZ and MURPHY, JJ., concur with McGIVERN, J. P.; KUPFERMAN, J., concurs in an opinion.

McGIVERN, J. P.

This appeal assays the appointment by Special Term of a Referee to hear and report in respect of objections by a guardian of contingent remaindermen to the account of cotrustees of an inter vivos trust (Special Term, New York County, Supreme Court, SAYPOL, J.). Petitioners, the sole surviving trustee and the representatives of the deceased cotrustee, appeal from the denial of a motion...

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