PARKER v. ROGERSON


49 A.D.2d 689 (1975)

Geraldine M. Parker et al., Respondents, v. J. Russell Rogerson, Individually, and as Executor and Trustee of Geraldine G. Bellinger, Deceased, et al., Respondents-Appellants, and Manufacturers Hanover Trust Company, Individually, and as Executor and Trustee of Geraldine G. Bellinger, Deceased, et al., Appellants-Respondents. (Appeal No. 1.)

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

July 18, 1975


Order unanimously modified in accordance with memorandum and as modified affirmed, with costs, to Manufacturers Hanover Trust Company.

Memorandum:

In granting the order of December 21, 1973 it appears that the court misunderstood the intent of Hanover's counsel when the latter stated that it was not then making an application for attorney's fees but only for a determination that Rogerson, its cofiduciary, is liable for Hanover's expenses in prosecuting him...

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