Order reversed, on the law, with $10 costs and disbursements to appellant, and proceeding remanded to Special Term for further proceedings not inconsistent with the views herein set forth.
The trustee's answer to the petition raises fact issues as to whether the trust has terminated, whether the trustee was guilty of misconduct and whether petitioner has lost his right to an accounting by reason of waiver, release and estoppel. The issues of termination of the trust...
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