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MATTER OF SMITH

279 A.D. 140 (1951)

In the Matter of the Accounting of Bank of New York and Fifth Avenue Bank, as Trustee under an Agreement of Trust Made by Alfred H. Smith, Now Deceased Chase National Bank of the City of New York, as Executor and Trustee under The Will of Ann H. Smith, Deceased, Appellant; Bank of New York and Fifth Avenue Bank et al., Respondents

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

November 27, 1951.

Attorney(s) appearing for the Case

John H. Frey of counsel (Baldwin, Todd & Lefferts, attorneys), for appellant.

Joseph V. Lane, Jr., of counsel (Joseph Richter and Daniel S. Levy with him on the brief), for Ann C. E. S. Waterous, respondent.

Hays, St. John, Abramson & Schulman, for Bank of New York and Fifth Ave. Bank, as trustee, respondent.

DORE, J. P., COHN, CALLAHAN and VAN VOORHIS, JJ., concur.

SHIENTAG, J.

The Chase National Bank of the City of New York, as executor of the estate of Ann Hughes Smith, deceased, appeals from a final order in an article 79 proceeding settling the accounts of Bank of New York and Fifth Avenue Bank, as trustee, under an inter vivos trust set up by Alfred Holland Smith, and directing distribution of the trust corpus as follows: two thirds to Ann Charlotte Emery Smith...

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