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MATTER OF PEABODY

198 Misc. 505 (1950)

In the Matter of Cornelia K. Colgate et al., to Compel the Accounting of Stephen Peabody, Jr., et al., as Executors of Stephen Peabody, Deceased Trustee, and of Stephen Peabody, Jr., as Sole Successor Trustee, under a Trust Made by Cornelia H. Peabody, as Settlor.

Supreme Court, Special Term, Suffolk County.

March 27, 1950.

Attorney(s) appearing for the Case

Stanley Fowler and Milton N. Reuben for Cornelia K. Colgate and others, petitioners and objectants.

Carl J. Austrian, general guardian of George Peabody, 3rd.

Arthur A. McGivney and Arthur J. O'Leary for Stephen Peabody, Jr., and others, respondents.

George W. Percy, as guardian ad litem of Joseph A. Peabody and another, infants, and others, respondents.

DALY, J.

This is a proceeding under article 79 of the Civil Practice Act for an accounting and for the construction of a trust and an amendment thereto, and for other incidental relief.

Pursuant to a deed of trust dated June 1, 1918 (hereinafter referred to as the 1918 Trust) one Cornelia Haven Peabody transferred certain securities having a face value of $325,000 in trust for the support and maintenance...

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