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MATTER OF PHILLIPSON

4 A.D.2d 245 (1957)

In the Matter of the Intermediate Accounting of United States Trust Company of New York, as Trustee of the Trust Created by Wesley B. Phillipson, Deceased, Respondent. Maria E. Phillipson, Appellant; Brainerd F. Phillipson et al., Respondents

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

June 28, 1957.

Attorney(s) appearing for the Case

Sydney S. Levine of counsel (Herbert Gordon with him on the brief; Sidney S. Levine, attorney), for appellant.

John Henry Mottola for trustee, respondent.

Marie C. Connolly, guardian ad litem for Brainerd F. Phillipson and others, infants, respondents.

PECK, P. J., BOTEIN, RABIN and BASTOW, JJ., concur.

BREITEL, J.

Involved in this case is the construction of an inter vivos trust made by a father and husband in connection with his separation from his first wife. The proceeding was instituted by the corporate trustee, and in it the validity of the trust is attacked by the settlor's second wife.

Special Term simply held the trust valid, without elaboration of its reasoning for so holding. The trust...

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