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In re the Estate of Phipps

6 A.D.2d 839 Court N.Y. App. Div. Decision date 1958-06-30 English

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p. 839
In the Matter of the Estate of Edward L’E. Phipps, Deceased. Coralie E. Phipps, as Cotrustee of Edward L’E. Phipps, Deceased, et al., Appellants; Harold M. Edwards et al., Respondents.

Appeal from a decree of the Surrogate’s Court, Westchester County, allowing a counsel fee and disbursements to respondent Edwards payable out of the corpus of a testar mentary trust. Said respondent successfully conducted proceedings for the appointment of a successor cotrustee over the opposition of appellant Phipps. Decree unanimously affirmed, with costs to respondents, payable out of the corpus of the trust. No opinion. Present — Nolan, P. J., Wenzel, Murphy, Ughetta and Kleinfeld, JJ.