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

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. [MAJORITY] 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). Concur—Steuer, J. P., Capozzoli, Tilzer, Rabin and Machen, JJ.