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In re the Accounting of DeRemer

30 A.D.2d 659 Court N.Y. App. Div. Decision date 1968-06-27 English

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p. 659
In the Matter of the Accounting of Jay G. DeRemer, as Trustee under Trust Agreement Made by Camilla H. Kelley, as Grantor, Respondent. Camilla H. Kelley, Appellant; Morgan Guaranty Trust Company et al., Respondents. In the Matter of Camilla H. Kelley, Appellant; Diane M. DeRemer et al., Respondents.

Order, entered on March 18,1968, in this article 77 proceeding for the judicial settlement of a trustee’s account, unanimously modified, on the law and the facts and as a matter of discretion, to the extent of vacating so much thereof as appoints a private referee, and, as so modified, affirmed, without costs and without disbursements to any party. A private referee should- not have been appointed without consent (Werner v. Jocelyn-Varn Oil Co., 30 A D 2d 648 ; Matter of Wilder v. Straus-Duparquet, 5 A D 2d 1 ; Sheean v. Allen, 19 A D 2d 595 ; Matter of Cross, 25 A D 2d 645 ). Concur—Steuer, J. P., Capozzoli, Tilzer, Rabin and Machen, JJ.

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