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In the Matter of the Accounting of Frederick T. Walker, as Trustee under the Will of Hugh C. Fox, Hugh C. Fox, Jr., Appellant Frederick T. Walker, Individually and as Surviving Trustee under the Will of Hugh C. Fox
No opinion. Present — Martin, P. J., Townley, Dore, Cohn and Callahan, JJ.; Townley, J., dissents on the authority of Smith v. Floyd (193 N. Y. 683). [180 Misc. 152.]