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MATTER OF CITY BANK FARMERS TRUST CO.

281 A.D. 905 (1953)

In the Matter of the Accounting of City Bank Farmers Trust Company, as Trustee under Four Trust Agreements Executed Respectively by Reginald A. Clarke and Others, Respondent. Audley Clarke Company et al., Respondents; Gertrude S. Kitfield, Appellant

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

March 30, 1953.

Decree, insofar as appeal is taken, affirmed, with costs to all parties filing briefs, payable out of the trust estate.

No opinion.

Beldock, J., dissents, votes to modify the decree by granting appellant her prorata share of the income represented by the reserve set aside for depreciation, and, as thus modified, to affirm, with the following memorandum:

On December 29, 1931, the four individuals who held all the outstanding stock of a...

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