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MATTER OF CLARK

29 Misc.2d 253 (1961)

In the Matter of the Accounting of Genesee Valley Union Trust Company, as Trustee under Trust Agreement Executed by Adele H. Clark.

Supreme Court, Special Term, Monroe County.

July 6, 1961

Attorney(s) appearing for the Case

Strang, Wright, Combs, Wiser & Shaw (John G. Shaw of counsel), for trustee, petitioner. Harris, Beach, Keating, Wilcox, Dale & Linowitz (James G. Dale of counsel), for respondent, Lowell H. MacMillan, as executor of Jennie H. MacMillan, deceased, objectant. Nixon, Hargrave, Devans & Dey (Robert S. Burnham of counsel), for Rochester Institute of Technology, respondent.

G. ROBERT WITMER, J.

The Genesee Valley Union Trust Company, as trustee of an inter vivos trust established under agreement with Adele H. Clark, made on May 17, 1938, seeks construction of said agreement and approval of its final account thereunder. The trust was established upon the transfer to the trustee of 250 shares of common stock of Eastman Kodak Company. The trust agreement provided that the trustee should pay the net income to the grantor...

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