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MATTER OF REGENSBURG

301 N.Y. 701 (1950)

In the Matter of the Accounting of Melville E. Regensburg et al., as Executors and Trustees under The Will of Carrie Ahrens, Deceased, Appellants. Sophy P. Regensburg, as Executrix of Melville E. Regensburg, Deceased Executor and Trustee, et al., Appellants; Ethel Ahrens, as Guardian of The Personal Estate of Jerome M. Ahrens, Jr., Respondent.

Court of Appeals of the State of New York.

Decided October 12, 1950

Attorney(s) appearing for the Case

Joseph C. Slaughter and Arthur B. Hyman, in person, for Arthur B. Hyman, appellant.

Alfred M. Lindau for Sophy P. Regensburg and another, appellants.

Alexander Ackerson for Catherine E. Piltz, appellant.

James N. Vaughan for executors and trustees, appellants.

Ambrose V. McCall, Otto A. Samuels, Eugene L. Garey and Joseph F. O'Neill for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE, FULD and FROESSEL, JJ. DESMOND, J., dissents on the ground that the weight of the evidence sustains the findings of the Appellate Division. [See .]

Orders of the Appellate Division reversed and decree of Surrogate's Court affirmed, with costs to each appellant appearing separately and filing separate briefs, payable out of the estate, on the ground that the weight of the evidence is in accord with the findings of the Surrogate that the trustees, in terminating the residuary trust, acted in good faith and within the discretionary powers conferred upon them by the will of Carrie Ahrens, deceased...

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