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LEHMAN v. IRVING TRUST CO.

78 A.D.2d 278 (1981)

Wendy V. Lehman, Individually and as Executrix of Manuela H. McLean, Deceased, Plaintiff, v. Irving Trust Company, as Trustee under a Trust Created by Alfred G. Vanderbilt, Defendant

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

January 6, 1981

Attorney(s) appearing for the Case

Monroe E. Stein of counsel (Albert Heit, attorney), for Wendy V. Lehman, plaintiff.

Julius P. Fouts of counsel (Patricia A. Setterberg with him on the brief; Donovan Leisure Newton & Irvine, attorneys), for Irving Trust Company, defendant.

BIRNS, FEIN and SANDLER, JJ., concur with SULLIVAN, J.; KUPFERMAN, J. P., dissents in an opinion.

SULLIVAN, J.

We sit as a court of first instance in this controversy submitted on an agreed statement of facts (CPLR 3222) to decide whether the grantor of a trust specifically limited the allowance to the trustee, so as necessarily to preclude it from receiving for its services the annual principal commissions to which it would be otherwise entitled by statute. No disagreement exists as to the trustee's computations...

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