MATTER OF DANA


45 A.D.2d 676 (1974)

In the Matter of the Construction of an Indenture of Trust, Made by Charles A. Dana. David S. Dana, Appellant-Respondent; Manufacturers Hanover Trust Company, Respondent-Appellant

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

June 4, 1974


This proceeding involves construction of an inter vivos trust instituted in 1950 which required periodic distribution to the beneficiary and intermediate accountings. The court below has properly construed the clear provisions of the trust instrument to the effect that receiving commissions are not to take into account later increment in the value of the trust corpus. Distribution and intermediate accounting took place in 1960 and 1970. As to both, the trustee asserted...

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