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In the Matter of the Judicial Settlement of the Account of Proceedings of WESTCHESTER TRUST COMPANY, as Substituted Trustee, etc., of ABIJAH CURTISS, Deceased, as to Trust Created for FRANK M. CURTISS. WESTCHESTER TRUST COMPANY, Appellant; FRANK M. CURTISS and PAUL L. BLEAKLEY, Special Guardian for SYDNEY CURTISS, an Incompetent Remainderman, Respondents.

Decree modified by striking therefrom the surcharge based on certificate No. 1175, for $500, and, as thus modified, unanimously affirmed, without costs, and the matter remitted to the Surrogate's Court for the entry of a decree accordingly. The modification is required by the ruling on certificate No. 2940, in Matter of Prime ( Heermance) ( 254 App. Div. 685; affd., 278 N.Y. 601), and the ruling in Matter of Curtiss ( Sanford) ( ante, p. 964), decided herewith.

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MATTER OF WESTCHESTER TRUST COMPANY
(Mar 3, 1941)