In re the Accounting of Arkwright

In this accounting proceeding, more particularly described in the decision of this court in Matter of Franciscus (12 Misc 2d 335) rendered simultaneously herewith, respondent Gail Dunkak, individually, appeared specially pursuant to section 237-a of the Civil Practice Act for the purpose of moving to strike a cross claim contained in the answer of respondents Howard Franciscus et al., who are distributees of Henry Franciscus.

The facts insofar as relevant to this motion are as follows: The Franciscus ’ will created a trust of one third of the residue to pay the income to Gail Dunkak and to pay…