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MATTER OF BANKERS TRUST CO.

303 N.Y. 715 (1951)

In the Matter of the Accounting of Bankers Trust Company, as Successor and Sole Surviving Trustee under The Will of Albert S. Rosenbaum, Deceased, Appellant and Respondent. Willard H. Carr et al., Respondents and Appellants; Bankers Trust Company, Individually, Appellant and Respondent.

Court of Appeals of the State of New York.

Decided December 6, 1951

Attorney(s) appearing for the Case

Orison S. Marden, Alfred H. Townley and Maurice E. McLoughlin for Bankers Trust Company, appellant and respondent.

Murray C. Bernays, Howard E. Reinheimer and Edwin A. Falk for Willard H. Carr and others, respondents and appellants.

James N. Vaughan, special guardian for Charles J. Lang, III, and others, respondents and appellants.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DYE and FROESSEL, JJ. Dissenting: DESMOND and FULD, JJ., who vote to affirm the order of the Appellate Division in its entirety.

Appeals and cross appeals from the decree of the Surrogate dismissed upon the ground that the appealable paper is the order of the Appellate Division. Order of Appellate Division modified by reversing so much thereof as disallowed the surcharge made in connection with the leasing in 1937 of the Hotel Albert, on the ground that the weight of the evidence is in accord with the finding of the Surrogate of a breach of trust in connection...

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