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MATTER OF YOUNKER

111 Misc.2d 599 (1981)

In the Matter of The Estate of Rose M. Younker, Deceased.

Surrogate's Court, New York County.

August 24, 1981

Attorney(s) appearing for the Case

Satterlee & Stephens (Paul J. Powers, Sr., of counsel), and Patrick Rohan for Janet Younker Willen, objectant. Sullivan & Cromwell (Donald C. Christ and Courtney W. Howland of counsel), and Cleary, Gottlieb, Steen & Hamilton (Steven Loeb of counsel), for George DeSipio, petitioner.

MILLARD L. MIDONICK, J.

Pursuant to the decision of this court set forth on July 23, 1981 (NYLJ, July 23, 1981, p 6, col 5) a hearing was held on August 13, 14 and 18, 1981.

The issue focused on whether an attorney named as cotrustee under a probated will of a mother of the objecting daughter, was subject to hostility, friction and conflicts of interest which would render him, if appointed, unable to exercise these powers fairly and properly or...

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