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MATTER OF HUDSON

29 A.D.2d 145 (1968)

In the Matter of the Accounting of Bankers Trust Company, as Trustee under a Trust Created by Helen B. Hudson, Respondent. Marjorie B. Turnbull et al., Appellants; Raymond G. Hudson et al., Respondents

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

January 19, 1968.

Attorney(s) appearing for the Case

Lloyd C. Anderson (Frederick V. Marsi of counsel), for Marjorie B. Turnbull and another, appellants.

Frank M. Chupp, guardian ad litem for Virginia Rae Hudson and others, infant remaindermen, appellants.

Deyo, Turnbull, Turner & Normile for Bankers Trust Company, respondent.

Curtis L. Lyman for Raymond G. Hudson and another, respondents.

GIBSON, P. J., AULISI, STALEY, JR., and GABRIELLI, JJ., concur with HERLIHY, J.; GIBSON, P. J., in an opinion, in which AULISI and GABRIELLI, JJ., concur.

HERLIHY, J.

This is an appeal from a judgment of the Supreme Court at Special Term in a proceeding under CPLR article 77 which adjudged that the situs of the inter vivos trust involved herein may be transferred out of New York State and settled certain accounts of the petitioning trustee.

Certain of the remaindermen named in the subject trust indenture appeal from so much of Special Term's judgment...

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