MATTER OF KELLEY, 9 N.Y.2d 814 (1961)

175 N.E.2d 343, 215 N.Y.S.2d 763

In the Matter of the Final Accounting of ROY H. GLOVER, Deceased (as Rendered by HELEN A. GLOVER, as Executrix of His Will), as Executor of CORNELIUS F. KELLEY, Deceased, and the Intermediate Accounting of GUARANTY TRUST COMPANY OF NEW YORK, as Successor Executor of CORNELIUS F. KELLEY, Deceased. FRANCES K. WOOD et al., Respondents; DAVID HOLMAN, as Special Guardian for RICHARD C. KELLOGG, JR., et al., Appellant.

Court of Appeals of the State of New York.Argued February 27, 1961
Decided March 30, 1961

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN D. BENNETT, S.

Page 815

Paul E. Fusco and David Holman, in person, for appellant.

Walter D. Fletcher and Laurence A. Spelman for Frances K. Wood, respondent.

Page 816

Paul W. Williams, Abner P. Slatt and John C. Emery for Cornelius F. Florman, respondent.

John F. Le Viness, III, for Morgan Guaranty Trust Company of New York, executor, respondent.

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.