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MATTER OF PHIPPS

1 A.D.2d 695 (1955)

In the Matter of the Appointment of a Successor Trustee of the Trust under The Will of Edward L'E. Phipps, Deceased. Francis H. Phipps, Respondent; Coralie E. Phipps, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1955

Order, dated January 5, 1955, affirmed, without costs. Appeal from order, dated November 18, 1954, dismissed, without costs.

The will expressly contemplated the appointment of successor trustees. Where the trustees are given a power of sale, and where the life tenant is the sole remaining trustee after the death of the other cotrustee, a successor cotrustee should be appointed to protect the rights of the remainderman. (Matter of Kimber, 172 Misc. 991, affd...

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