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MATTER OF NICOL

19 N.Y.2d 207 (1967)

In the Matter of the Accounting of the United States Trust Company of New York, as Trustee of the Trust Created by Alexander K. Nicol, Respondent. Joseph N. Taylor et al., Appellants; Alexandra Bowdoin et al., Infants, by W. Scott Long, Their Guardian ad Litem, Respondents.

Court of Appeals of the State of New York.

Decided February 28, 1967.

Attorney(s) appearing for the Case

Standish F. Medina for Joseph N. Taylor and others, appellants.

Italo H. Ablondi, as guardian ad litem for Paul N. Taylor and others, infants, appellants.

Richard Steel for Frances M. Nicol, executrix, appellant.

W. Scott Long, as guardian ad litem for Alexandra Bowdoin and others, infants, respondents.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, BERGAN and KEATING concur; Judge BREITEL taking no part.

SCILEPPI, J.

The order of the Appellate Division should be modified to the extent that those paragraphs which declared that the terms "issue" and "surviving issue" used in the trust indenture did not include the adopted children or their issue and which declared the rights of the widow and the surviving issue of the settlor's brother and sisters under the trust indenture are hereby reversed. Those paragraphs...

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