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MATTER OF GOURAUD

85 A.D.2d 342 (1982)

In the Matter of Bank of New York, as Trustee under a Trust Created by Aimee C. Gouraud, Respondent. Ronald S. Lockhart, as Surviving Executor of Walter M. Russell, Also Known as Gerald Russell, Deceased, Appellant; Jenny F. N. Learned et al., Respondents

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

March 23, 1982

Attorney(s) appearing for the Case

Ronald S. Lockhart, pro se (Alger, Andrew & Rohlfs, attorneys), for appellant.

John R. Alexander of counsel (Sayles, Evans, Brayton, Palmer & Tifft, attorneys), for Jenny F. N. Learned and others, respondents.

Stephen Lochner of counsel (Rockwood, Edelstein & Duffy, P. C., attorneys), for Edward S. Crocker and others, respondents.

KUPFERMAN, J. P., SULLIVAN, LUPIANO and FEIN, JJ., concur.

LYNCH, J.

This is a proceeding for the settlement of the final account of the Bank of New York as trustee of an inter vivos and a testamentary trust, both created by Aimee Crocker Gouraud. There are no objections to the accounts as such, but the trustee has sought a determination of the persons entitled to the remainder.

In 1933, Mrs. Gouraud created the inter vivos trust to terminate on...

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