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In the Matter of the Intermediate Accounting of UNITED STATES TRUST COMPANY OF NEW YORK, as Trustee under the Will of CHARLES C. MARSHALL, Deceased, Respondent. CHARLES R. MARSHALL et al., Appellants; LOUIS J. LEFKOWITZ, ATTORNEY-GENERAL OF THE STATE OF NEW YORK, on Behalf of the Director of Letchworth State Hospital, Respondent.

Order of Appellate Division reversed and decree of the Surrogate's Court reinstated, with costs to all parties appearing separately and filing separate briefs payable out of the trust estate ( Matter of Burrows, 3 N.Y.2d 869; Matter of Smathers, 309 N.Y. 487). No opinion.

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

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MATTER OF UNITED STATES TRUST COMPANY OF NEW YORK
(May 10, 1962)