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MATTER OF RICKS

12 A.D.2d 395 (1961)

In the Matter of the Intermediate Accounting of Hanover Bank, as Trustee under Trust Made by Sybil H. Ricks, for the Benefit of James B. Ricks, Deceased, and Others, Respondent. Pamela S. Ricks et al., Appellants; Sandra L. Ricks Humphrey et al., Respondents

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

March 16, 1961.

Attorney(s) appearing for the Case

C. Murray Kavanagh, guardian ad litem for appellants.

Osborne A. McKegney, guardian ad litem for respondents.

Kelly, Drye, Newhall & Maginess for Hanover Bank, respondent.

BOTEIN, P. J., BREITEL, STEVENS and BASTOW, JJ., concur.

VALENTE, J.

In a proceeding to settle the intermediate account of a trustee under an inter vivos trust, Special Term has held that adopted children of James B. Ricks — the primary life beneficiary who died on August 14, 1959 — participate with his natural children in receiving income during the continuance of the trust and also participate with the natural children in the distribution of principal upon termination of the trust.

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