In re the Accounting of Tuttle — 304 N.Y. 981

Majority

p. 981

In the Matter of the Accounting of Friend L. Tuttle, as Surviving Executor and Trustee under the Will of Richard E. Allen, Deceased. Friend L. Tuttle, Individually and as Surviving Executor and Trustee under the Will of Richard E. Allen, Deceased, Respondent and Appellant; Charles O. Woolley et al., as Executors of Emily A. Woolley, Deceased Coexecutor and Cotrustee under the Will of Richard E. Allen, Deceased, et al., Appellants and Respondents.

Submitted January 5, 1953;

decided January 21, 1953.

p. 982

Milton Oreenbaum and Floyd Martin Sheffield for motion and in opposition to cross motion.

Friend L. Tuttle, in person, and Richard Steel for cross motion and in opposition to motion.

Motion granted and appeal dismissed.

Cross motion granted to the extent that the appeals of appellants-respondents are dismissed. (See Matter of Bishop, 301 N. Y. 498 , 500; Matter of Mittelstaedt, 304 N. Y. 795 .)

Cases cited

In re the Accounting of The New York Trust Co. 301 N. Y. 498 N.Y. 1950-11-30 at 500 p. 982
In re the Probate of the Will of Mittelstaedt 304 N. Y. 795 N.Y. 1952-10-24 p. 982