MTR. OF MARINE MIDLAND BANK-ROCHESTER


55 A.D.2d 323 (1977)

In the Matter of the Intermediate Accounting of Marine Midland Bank-Rochester, as Cotrustee with Leland B. Dow, Jr., and Others, Under The Will of Fayette B. Dow, Deceased, and the Construction of The Will of Fayette B. Dow, Deceased. Richard V. Dow et al., Appellants-Respondents; Harry P. Messina, Jr., as Guardian ad Litem, Respondent-Appellant; Marine Midland Bank et al., Respondents

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

January 14, 1977


Attorney(s) appearing for the Case

Van Voorhis & Van Voorhis (John Van Voorhis of counsel), for Richard V. Dow, appellant-respondent.

Morton L. Bittker, guardian ad litem for Margaret Dow and another, appellants-respondents.

Harry P. Messina, Jr., guardian ad litem for unborn distributees of Leland B. Dow, Jr., and Vaughan Dow, respondents-appellants.

Hickey, McHugh & Garlick and Dow, Lohnes & Albertson (E. James Hickey of counsel), for trustees.

Nixon, Hargrave, Devans & Doyle (George Hamlin, IV, of counsel), for University of Rochester and others, respondents.

Swan, Fitch, Marron & Pembroke (Russell Marron of counsel), for Vaughan Dow, respondent.

Louis J. Lefkowitz, Attorney-General (Peter Borok of counsel), for ultimate charitable beneficiaries, respondent.

Stewart D. Davis, guardian ad litem for Rees T. Lee and another.

J. Coyne O'Brien, guardian ad litem for Johanna Tayloe Crane and another.

Harter, Secrest & Emery (John Swett of counsel), for Marine Midland Bank-Rochester, respondent.

MOULE, J. P., CARDAMONE, SIMONS and DILLON, JJ., concur.


MAHONEY, J.

Appellants Richard V. Dow, individually, and Morton L. Bittker, as guardian ad litem for Elizabeth and Margaret Dow, appeal from a decree of Surrogate's Court, Monroe County dated October 14, 1975 in a proceeding brought by the trustees under the will of Fayette B. Dow seeking a determination of the validity, construction and effect of certain dispositions of property contained in the testator's will...

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