MATTER OF FIRST NAT'L CITY BANK


53 A.D.2d 520 (1976)

In the Matter of First National City Bank et al., as Trustees under a Trust Agreement Made by William M. Becker, Respondents. Harriet Becker et al., Appellants; William M. Becker, Jr., Respondent

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

June 3, 1976


The issue was as to the settlor's competence at the time of creation of the trust. This necessarily involves evaluation of testimony concerning actions and statements, as well as of the weight to be given the opinion of experts. The view taken of the record by the Justice who tried the case cannot be faulted, and the finding and conclusion arrived at is consonant with and supported by the evidence. Further, we find the amount of the attorney's fee to be reasonable, considering...

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