MATTER OF DOWNING


86 A.D.2d 743 (1982)

In the Matter of The Estate of Emma W. Downing, Deceased. Saul Balmuth, as Trustee of a Trust Established in The Will of Emma W. Downing, Deceased, Appellant

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

January 28, 1982


Upon remittal, the Surrogate construed the provisions of the trust so as to require that payments to alternate beneficiaries, while payments to Robert Bahr were suspended during his hospitalization, should total $50 per month even though the trust res generated a larger income. The trustee brought this appeal averring that "there is no adverse party upon whom this appeal should be served." We disagree. Since this appeal involves the legality of accumulation of trust...

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