MATTER OF GRIFFITH


66 Misc.2d 349 (1971)

In the Matter of The Estate of Linda A. Griffith, Deceased.

Surrogate's Court, Westchester County.

April 22, 1971


Attorney(s) appearing for the Case

Hoopes, McIntosh & Murtha for Bankers Trust Company, as sole surviving trustee, petitioner. Milbank, Tweed, Hadley & McCloy for New York Community Trust. DeForest & Duer for objectants. Louis J. Lefkowitz, Attorney-General (Anthony S. Urso of counsel), for ultimate charitable beneficiaries.


OTTO C. JAEGER, S.

In this accounting proceeding the only issue to be determined is whether the corporate trustee, upon termination of the primary trust for the benefit of the testator's sister for life, is entitled to commissions for paying over the remaining principal to itself as trustee of the secondary trust which, concededly, is for charitable uses only.

SCPA 2308, applicable here, expressly provides in paragraph (c) of subdivision 5 that...

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