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MATTER OF SNOWDEN

31 N.Y.2d 322 (1972)

In the Matter of the Final Accounting of Bankers Trust Company, as Trustee of the Trust Created by James H. Snowden, for the Benefit of Marian A. Snowden, Also Known as Marian A. Davidson. James Snowden, III et al., Appellants; Marian S. Brotherton et al., Respondents.

Court of Appeals of the State of New York.

Decided November 2, 1972.

Attorney(s) appearing for the Case

Gerard T. Shevlin for appellants.

Allen S. Hubbard, Jr. and John M. Townsend for Crocker-Citizens National Bank and another, as trustees, respondents.

Chester Billings, Jr. for Marian Snowden Brotherton, respondent.

No appearance for remaining respondents.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

Chief JUDGE FULD.

In this proceeding to settle a trustee's account, the question posed is whether former section 114 of the Domestic Relations Law, in effect when the trust was created, compels the adopted children of the settlor's deceased son to relinquish their father's share of the trust corpus in favor of the settlor's natural child and grandchildren.

James and Marian Snowden were married in 1909...

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