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MTR. OF JURZYKOWSKI

36 A.D.2d 488 (1971)

In the Matter of the Construction of an Indenture of Trust, Dated October 18, 1963, as Amended, Made by Alfred Jurzykowski. Ulrich Wehrli, as Substitute Successor Trustee, Appellant; Schroder Trust Company, as Substitute Successor Trustee, et al., Respondents

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

May 25, 1971.

Attorney(s) appearing for the Case

James N. Vaughan and Edward F. Vaughan of counsel (Vaughan & Lyons, attorneys), for appellant.

J. Kenneth Campbell of counsel (Donald M. Dunn with him on the brief; Alexander & Green, attorneys), for Schroder Trust Company, respondent.

Amalya L. Kearse of counsel (Joseph Trachtman, Alan H. McLean and John A. Golden on the brief; Hughes Hubbard & Reed, attorneys), for Louise Jurzykowski and others, respondents.

Alexis C. Coudert of counsel (John Carey on the brief; Coudert Brothers, attorneys), for Walter A. Thompson, respondent.

STEVENS, P. J., and CAPOZZOLI, J., concur with KUPFERMAN, J.; STEUER, J., dissents in an opinion in which NUNEZ, J., concurs.

KUPFERMAN, J.

The question is as to the status of petitioner Ulrich Wehrli, a Swiss national, as possible substitute successor trustee under an indenture of trust dated October 18, 1963, which trust is now said to be worth some $17,000,000.

Alfred Jurzykowski, a Brazilian, set up the trust with the First National City Trust Company (Bahamas) Ltd. It was amended...

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