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MATTER OF FORD

279 A.D. 152 (1951)

In the Matter of the Accounting of Chase National Bank of the City of New York, as Surviving Trustee under a Trust Agreement Made by Joseph N. Ford, and as Administrator of The Estate of Joseph N. Ford, Deceased Trustee, Respondent. Annie W. Harshbarger et al., Appellants; Marie G. Ford, Respondent

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

November 13, 1951.

Attorney(s) appearing for the Case

Thomas J. Minturn of counsel (Richard T. Guerin with him on the brief; McQuistion, Minturn & Kelly, attorneys), for Annie W. Harshbarger, Harry W. Ford, Clara L. Kaiser and Margaret Davis Gray, appellants.

William T. Collins II, for Fannie M. Ford, appellant.

David R. Crow of counsel (Charles F. Hopkins with him on the brief; Tanner, Sillcocks & Friend, attorneys), for respondents.

GLENNON, J. P., CALLAHAN and SHIENTAG, JJ., concur with COHN, J.; VAN VOORHIS, J., dissents and votes to modify, in opinion.

COHN, J.

This is a proceeding under article 79 of the Civil Practice Act instituted by the Chase National Bank of the City of New York, as surviving trustee and as administrator, to render its final account of proceedings under an inter vivos trust agreement dated August 2, 1946, executed by one Joseph N. Ford, deceased, and an amendment thereto dated September 25, 1946.

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