MATTER OF BARNES


286 A.D. 346 (1955)

In the Matter of the Construction of The Will of Dana A. Barnes, Deceased. Dana A. Barnes, Jr., Respondent-Appellant; John E. Barnes, Jr., et al., Appellants-Respondents, and Merchants National Bank and Trust Company et al., as Executors of Metta B. E. Barnes, Deceased, Respondents

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

July 7, 1955.


Attorney(s) appearing for the Case

Raymond F. Loucks, special guardian for Susanne E. Barnes and another, appellants-respondents.

Philip T. Seymour and Benjamin E. Shove for John E. Barnes, Jr., and another, appellants-respondents.

Richard M. Walker for Faye E. Barnes, individually and as administratrix of the estate of John E. Barnes, deceased, appellant-respondent.

Lawson Barnes for Merchants National Bank and Trust Company and another, as executors, respondents.

H. Duane Bruce and Phillip T. Young for Dana A. Barnes, Jr., respondent-appellant.

BERGAN, J. P., COON, HALPERN, IMRIE and ZELLER, JJ., concur.


Per Curiam.

Appeals by appellants-respondents from that portion of the decree of the Surrogate's Court of Schenectady County (CAMPBELL, S.) which construes the will of Dana A. Barnes, Sr., deceased. Cross appeal by petitioner-respondent-appellant from those parts of the decree relating to allowances of a special guardian's fee and counsel fees and expenses.

When the testator executed his will in 1903, he was...

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