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In re Guaranty Trust Co.

255 A.D. 771 Court N.Y. App. Div. Decision date 1938-10-21 English

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p. 771
In the Matter of the Application of Guaranty Trust Company of New York, as Trustee, and of Lewis L. Clarke, as Successor Trustee, under a Trust Agreement Dated February 10, 1903, Made by Pliny Fisk, for the Final Judicial Settlement of Their Accounts upon Their Resignation as Such Trustees and the Transfer of the Property of the Trust to Successor Trustees. Dorothy Fisk Paine, Appellant; Eleanor Fisk and Others, Respondents.

Order, so far as appealed from, unanimously reversed, with twenty dollars costs and disbursements to the appellant payable out of the fund, and the provision in paragraph numbered 5 requiring Henry B. Johnson, as individual successor trustee, to file a bond in the sum of fifty thousand dollars and the provision in paragraph numbered 8 “ and of a certified copy of the bond hereinabove in paragraph ‘ 5 ’ directed to be filed ” stricken from said order. No opinion. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.