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MATTER OF SHEHAN

285 A.D. 785 (1955)

In the Matter of the Accounting of Welles V. Moot, as Surviving Trustee under The Will of Hoyt R. Shehan, Deceased, Respondent. William J. Trepagnier, as Administrator C. T. A. of Henry H. Roberts, Deceased, Appellant; Mary E. G. Davis et al., Respondents

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

May 18, 1955.

Attorney(s) appearing for the Case

Dana B. Hellings for surviving trustee, respondent.

George E. Brand, George E. Brand, Jr., Franklin R. Brown and Mark N. Turner for appellant.

Theodore G. Kenefick for Mary E. G. Davis and another, respondents.

All concur. Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.

VAN DUSER, J.

The will of the late Hoyt R. Shehan created two trusts, of which his uncle, one Roberts, was life income beneficiary. Roberts' administrator c. t. a. has filed objections to the account of the surviving trustee, and now appeals from an order of Surrogate's Court providing for the examination of the trustee. The question on this appeal concerns the permissible scope of the examination.

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