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MATTER OF KELLOGG

36 Misc.2d 1064 (1962)

In the Matter of the Accounting of Howard Kellogg, as Surviving Trustee under Trust Agreement with Spencer Kellogg, Sr.

Supreme Court, Erie County.

November 28, 1962

Attorney(s) appearing for the Case

Phillips, Mahoney, Lytle, Yorkey & Letchworth (William E. Lytle and William A. Bain, Jr., of counsel), for petitioner. Jaeckle, Fleischmann, Kelly, Swart & Augspurger (Manly Fleischmann, Adelbert Fleischmann and John G. Putnam, Jr., of counsel), for Cosette K. Stamm and another.

REID S. MOULE, J.

The Lochevan estate which was a part of the corpus of this trust has been sold for $260,000 pursuant to an order of this court. Now, we must decide who is entitled to the proceeds of this sale.

The trust agreement under which the estate was held was made in 1922 at Buffalo, New York. It provided that in the event of the sale of the estate each of grantor's seven children should receive...

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