MATTER OF MFRS. HANOVER TRUST CO.


83 A.D.2d 808 (1981)

In the Matter of the Accounting of Manufacturers Hanover Trust Company et al., as Trustees under Trust Agreements by Barbara S. Holmyard, Deceased Settlor, Respondents. Samuel A. Newburger, AS GUARDIAN AD LITEM, Respondent; William B. Ferrell, Jr., Appellant

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

August 13, 1981


The record discloses that the father has no interest adverse to those of the infants in either of the two trusts as to which this intermediate accounting proceeding is brought. That he is married to one of the accounting parties, the mother of the infants, is not a sufficient basis upon which to conclude that a conflict exists. The father has been shown to be duly qualified and capable. "CPLR 1201 and 1202, effecting a change from the practice under the Civil Practice Act...

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