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LEHMAN v. IRVING TRUST CO.

55 N.Y.2d 97 (1982)

In the Matter of Wendy V. Lehman, Individually and as Executrix of Manuela H. McLean, Deceased, Appellant, v. Irving Trust Company, as Trustee, Respondent.

Court of Appeals of the State of New York.

Decided February 16, 1982.

Attorney(s) appearing for the Case

Albert Heit and Monroe E. Stein for appellant.

Patricia A. Setterberg and Julius P. Fouts for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, FUCHSBERG and MEYER concur; Judge JONES taking no part.

WACHTLER, J.

The question presented on this appeal is whether an inter vivos trust which provides that the trustee shall receive certain commissions on the receipt and disbursement of income and principal as compensation for its services precludes the trustee from receiving annual principal commissions permitted by a statute enacted after the execution of the trust agreement. The Appellate Division held...

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