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MATTER OF ESTATE OF BELLINGER

55 A.D.2d 448 (1977)

In the Matter of The Estate of Geraldine G. Bellinger, Deceased. Manufacturers Hanover Trust Company, Individually and as Executor of Geraldine G. Bellinger, Deceased, Appellant; Elias, Schewel & Schwartz et al., Respondents-Appellants

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

January 21, 1977

Attorney(s) appearing for the Case

Kelley Drye & Warren (Richard J. Concannon of counsel), for Manufacturers Hanover Trust Company, appellant.

Elias, Schewel & Schwartz (Marvin Schwartz of counsel), respondent-appellant pro se.

Phillips, Lytle, Hitchcock, Blaine & Huber (William Bain of counsel) respondent-appellant pro se.

CARDAMONE, J. P., DILLON, GOLDMAN and WITMER, JJ., concur.

SIMONS, J.

These are cross appeals from a decree of the Chautauqua County Surrogate who awarded compensation from the general assets of the estate to respondents, attorneys for legatees of the estate of Geraldine G. Bellinger. Manufacturers Hanover Trust Company (hereafter the "bank"), coexecutor of the estate, appeals. It concedes that the services of respondents benefited the estate, but contends that it was...

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