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  5. 38 A.D.2d 926 (1972)
 

MATTER OF BANKERS TRUST CO.

38 A.D.2d 926 (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

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

March 23, 1972

Affirmance is dictated by the very cases cited in the dissent. If the decisional law on this subject is to be changed, it is not for this court, but for the Court of Appeals, to make that change.

Kupferman, J.:

This appeal has to do with the question of whether adopted children are issue within the meaning of a trust agreement. As part of a separation agreement in 1922, a trust was created for the benefit of the wife and three

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