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MATTER OF BARRETT

286 A.D. 289 (1955)

In the Matter of The Estate of John W. Barrett, Deceased. City Bank Farmers Trust Company, as Executor of Mabel A. Barrett, Deceased, and as Executor and Trustee under The Will of John W. Barrett, Deceased, Appellant-Respondent; Rutherford Trust Company, as Trustee under The Will of William Mitchell Barrett, Deceased, Respondent; Carleton S. Cooke, as Executor and Trustee under The Will of William Mitchell Barrett, Deceased, Respondent-Appellant, and Lester J. Nolf, Individually and as Executor of William Wilson Barrett, Deceased, Respondent-Appellant

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

June 28, 1955.

Attorney(s) appearing for the Case

Edwin W. Cooney of counsel (Pauline B. Taylor with him on the brief; Mitchell, Capron, Marsh, Angulo & Cooney, attorneys), for City Bank Farmers Trust Company, as executor and trustee, appellant-respondent.

Harrison F. Durand of counsel (Charles L. Herterich and Robert D. Taisey with him on the brief; Davies, Hardy & Schenck, attorneys), for Lester J. Nolf, individually and as executor, respondent-appellant.

Philip C. Scott of counsel (Leonard Joseph with him on the brief; Dewey, Ballantine, Bushby, Palmer & Wood, attorneys), for Rutherford Trust Company, respondent, appearing specially.

Frederick W. P. Lorenzen of counsel (Joanna H. Maxwell with him on the brief; Dwight, Royall, Harris, Koegel & Caskey, attorneys), for Carleton S. Cooke, as executor and trustee, respondent-appellant.

PECK, P. J., COHN, CALLAHAN and BREITEL, JJ., concur.

RABIN, J.

This proceeding arises out of dispositions made by and under the last will and testament of John W. Barrett ("John"). He died on February 1, 1934, a resident of New York, and appointed City Bank Farmers Trust Company, the petitioner here, and his wife Mabel as executors and testamentary trustees. Mabel died on May 23, 1942, and petitioner is here as the surviving executor of her estate as well as surviving...

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