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IN RE SYKES ESTATE

Docket No. 69303.

131 Mich. App. 49 (1983)

345 N.W.2d 642

In re SYKES ESTATE DEPARTMENT OF MENTAL HEALTH v. OLD KENT BANK & TRUST COMPANY

Michigan Court of Appeals.

Decided December 6, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and George L. McCargar and James M. Batzer, Assistants Attorney General, for State of Michigan, Department of Mental Health.

Mika, Meyers, Beckett & Jones (by James B. Beckett), for Old Kent Bank & Trust Company.

Before: R.B. BURNS, P.J., and D.E. HOLBROOK, JR., and R.L. TAHVONEN, JJ.

PER CURIAM.

The State of Michigan, Department of Mental Health, appeals from an order entered December 29, 1982, dismissing its objection to the accounting of a trust and its claim against the trust.

The dispute in this case concerns the corpus and income balance of a trust established by Benjamin T. Sykes, Sr., in his will of January 16, 1967. The will provides in pertinent part:

"(1) My Trustee shall...

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