Appellate Division of the Supreme Court of New York, 1912

In re the Judicial Settlement of the Accounts of Merrill & Baker

In re the Judicial Settlement of the Accounts of Merrill & Baker
Appellate Division of the Supreme Court of New York · Decided September 15, 1912
152 A.D. 917; 137 N.Y.S. 1129
In re the Judicial Settlement of the Accounts of Merrill & Baker

Opinion of the Court

— A decision having been handed down by this court on the 27th day of June, 1912, and upon notice of an application to make findings and allow costs, thereby modifying said decision, it is ordered that said decision be amended and modified by allowing to the special guardian costs of the appeal to be taxed to be paid out of the fund belonging to Clara Van Alstine and Lulu Van Alstine, and by adding thereto the four findings of fact attached to the notice of motion herein. The following findings of fact are reversed so far as they are in conflict herewith, to wit: The second, twelfth, thirteenth, fourteenth and fifteenth. All concurred, except Houghton, J., who dissented; Lyon, J., not sitting.

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