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STARK v. UNITED STATES TRUST CO. OF N. Y.

No. 76 Civil 1694.

445 F.Supp. 670 (1978)

Alexandra R. STARK, Wendy R. Powell, Mary R. Roessler, Helene R. Epifano, and Henry Bullard, as guardian ad litem on behalf of the infant and unborn remainder beneficiaries of four inter vivos trusts established by Deed of Henry H. Rousseau, dated April 29, 1965, Plaintiffs, v. UNITED STATES TRUST COMPANY OF NEW YORK, Defendant.

United States District Court, S. D. New York.

January 5, 1978.

Attorney(s) appearing for the Case

Pollack & Kaminsky, New York City, for plaintiffs; Daniel A. Pollack, Richard M. Asche, Neil D. Thompson, New York City, of counsel.

Carter, Ledyard & Milburn, New York City, for defendant; John M. Walker, Jr., Richard B. Covey, Dan T. Hastings, Richard G. Moon, Arthur P. Lowenstein, New York City, of counsel.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDWARD WEINFELD, District Judge.

On April 29, 1965, the late Henry Harwood Rousseau created four inter vivos trusts (the "Trusts") for the benefit of each of his four daughters and their descendants (the "beneficiaries"). Named as Trustee in each of the Trusts was the defendant, United States Trust Company of New York ("USTC" or the "Trustee"). Plaintiffs, the beneficiaries, brought this action to recover...

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