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MTR OF KELLOGG

55 A.D.2d 215 (1976)

In the Matter of the Accounting of Marine Midland Bank-Western, as Successor Trustee under Trust Agreement with Spencer Kellogg, Sr. Joan K. Winder, Appellant; Andrew H. K. Clarke et al., Respondents

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

December 17, 1976

Attorney(s) appearing for the Case

Hill, Janssen, Corbett & Roberts (Victor Corbett of counsel) and O'Shea, Adamson, Reynolds & Napier for appellant.

Phillips, Lytle, Hitchcock, Blaine & Huber (Arthur Sherwood of counsel), for Marine Midland Bank-Western, respondent.

James M. Nesper, guardian ad litem for Sallie L. Kellogg and others, respondents.

David L. Jones, guardian ad litem for Bonnie Sue Long and another, respondents.

Jaeckle, Fleischmann & Mugal for Marion A. Kellogg, respondent.

Moot, Sprague, Marcy, Landy, Fernbach & Smythe (W. Barry Mallon of counsel), for William D. Redle and another, respondents.

Ohlin, Damon, Morey, Sawyer & Moot (Richard Moot of counsel), for Andrew Clarke and others, respondents.

Cohen, Swados, Wright, Hanifin & Bradford (Hillary P. Bradford of counsel), for Charles S. Clark and another respondents.

MARSH, P. J., CARDAMONE, MAHONEY and GOLDMAN, JJ., concur.

DILLON, J.

This proceeding was commenced by the successor trustee to judicially settle the accounts of an inter vivos trust created by Spencer Kellogg, Sr. in 1922. Under the terms of the trust its income is to be paid equally to each of the settlor's seven children until its termination, and in case of the death of any of the settlor's children his or her one-seventh share of the income is to be paid...

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