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PETRIE v. CHASE MANHATTAN BANK

38 A.D.2d 206 (1972)

James A. Petrie, Jr., et al., Respondents, v. Chase Manhattan Bank et al., Respondents, et al., Defendants, and American Mental Health Foundation, Appellant

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

February 3, 1972.

Attorney(s) appearing for the Case

Joel S. Stern (John A. Kiser with him on the brief), attorney for appellant.

J. Kenneth Campbell of counsel (Alexander & Green, attorneys), for Chase Manhattan Bank and another, as trustees, respondents.

Thomas B. Fenlon of counsel (Frank W. Cuiffo with him on the brief; Emmet, Marvin & Martin, attorneys), for Ruth P. Gonynor, respondent.

NUNEZ, J. P., KUPFERMAN, TILZER and MACKEN, JJ., concur.

STEUER, J.

This action was begun by the executors of the estate of John R. Larendon, deceased, to set aside an irrevocable inter vivos trust of which the deceased was the settlor. During the course of the litigation the plaintiffs-executors reached an agreement with Ruth P. Gonynor, who claims to be entitled to the principal of the trust, and these parties now wish to terminate the litigation. However...

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