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  5. 29 N.Y.2d 931 (1972)
 

MATTER OF MARINE MIDLAND TRUST CO. OF ROCHESTER

29 N.Y.2d 931 (1972)

In the Matter of the Accounting of the Marine Midland Trust Company of Rochester, as Executor of and Trustee under the Will of Frank Wells, Deceased, Appellant-Respondent. Lewis A. Wells et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided January 13, 1972.

Attorney(s) appearing for the Case

Charles M. Carroll and A. Richard Hatfield, Jr. for Lewis A. Wells et al., respondents-appellants.

Dean J. Fero for Doris Gruschow, respondent-appellant.

Byron Johnson, George A. Schell and Curtis W. Barker for appellant-respondent.

J. Paul Brennan, guardian ad litem, pro se, respondent-appellant.

No appearance for Ruth Musfeldt et al., respondents-appellants.

Concur: Chief Judge FULD and Judges BURKE, BREITEL and JASEN. Judges SCILEPPI, BERGAN and GIBSON dissent and vote to modify and reinstate the decree of the Surrogate's Court on the Surrogate's opinion.

Order affirmed on the opinion at the Appellate Division, with costs to all parties appearing separately and filing separate briefs payable out...

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