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MATTER OF MOSS

277 A.D. 289 (1950)

In the Matter of the Accounting of George I. Teter, as Trustee under The Will of Sarah J. Moss, Deceased, Respondent. Department of Mental Hygiene of the State of New York et al., Appellants; Ella M. Smith et al., Respondents

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

July 13, 1950.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Margaret D. Hazel of counsel) for appellants.

George I. Teter, trustee, respondent in person.

David Gregory for Elinore L. Moss, respondent.

Robert M. Brandt for Ella M. Smith and Josie E. Maclarty, respondents.

Arthur A. Arms, Jr., as Special Guardian for John T. Moss, incompetent, respondent.

All concur. Present — TAYLOR, P. J., McCURN, LOVE, VAUGHAN and PIPER, JJ.

LOVE, J.

The appeal is taken from so much of the decree of the Surrogate as disallows the claim of the State of New York for support and maintenance of John T. Moss, an incompetent, prior to October 20, 1947, decrees that the trustee is not permitted to pay such claim prior to that date, settles the account of the trustee as filed without allowing the claim of appellants for the period prior to October 20, 1947...

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