MATTER OF READ


46 N.Y.2d 947 (1979)

In the Matter of the Accounting of John A. Read, as Surviving Trustee of the Trusts Created Under The Will of Alice E. Wilhelm, Deceased. Torrance Brooks, as Guardian ad Litem for Michele E. Malone, an Infant, Appellant-Respondent; Carl Wilhelm, Respondent-Appellant; Frederick J. Gram, as Guardian ad Litem for Amy Wilhelm and Others, Infants, Respondents.

Court of Appeals of the State of New York.

Decided March 20, 1979.


Attorney(s) appearing for the Case

Allan R. Lipman and Wayne D. Wisbaum for Carl Wilhelm, appellant.

Torrance Brooks, as guardian ad litem for Michele Malone, an infant, appellant.

Frederick J. Gram for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.


On the appeals by Michele Elaine Malone: Order of the Appellate Division, as amended, which reversed a decree of the Surrogate's Court and directed entry of a decree in accordance with the opinion of the Appellate Division affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, for the reasons stated in the opinion by Mr. Justice RICHARD D. SIMONS at the Appellate Division (60 A.D.2d 32

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