MATTER OF ROSENBERG


76 A.D.2d 866 (1980)

In the Matter of The Estate of Gertrude C. Rosenberg, Deceased. United States Trust Company of New York et al., Appellants; E. Robert Giuntini, P. C., Respondent

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

June 9, 1980


Order reversed insofar as appealed from, on the law, without costs or disbursements, the first, second and third decretal paragraphs thereof are deleted and a provision granting the petitioners' application to judicially settle the second intermediate account is substituted therefor.

The terms of the trust provided that the trustees were authorized: "To pay from the principal of each of said trusts, in addition to the payment of income therefrom, such portion thereof...

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