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MATTER OF DODGE

25 N.Y.2d 273 (1969)

In the Matter of Chester J. Dodge, as Trustee of an Express Trust between Chester J. Dodge, Jr., as Settlor, and Chester J. Dodge, as Trustee. Chester J. Dodge, Jr., Appellant; Chester J. Dodge, Respondent; Philip A. Greci, as Guardian ad Litem, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1969.

Attorney(s) appearing for the Case

John F. LeViness, III and John L. Ryah for appellant.

Joseph A. Cox, Shirley Cherin and Robert E. Steinberg for Chester J. Dodge, respondent.

Philip A. Greco, in person, for Philip A. Greco, guardian ad litem for infants, respondent.

Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and JASEN concur.

SCILEPPI, J.

The settlor, son of the trustee, established an inter vivos trust on January 24, 1956. As originally executed, the indenture of trust provided that the net income of the trust was to have been distributed to the settlor during his lifetime and, upon his death, the trust was to terminate and the principal was to be distributed to "the issue of the Settlor, him surviving, in equal shares, per...

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