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MATTER ACCOUNTING JAY G. DEREMER (06/27/68)

June 27, 1968

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


Concur -- Steuer, J. P., Capozzoli, Tilzer, Rabin and Macken, JJ.

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).

19680627

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