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MATTER OF BIDDLE

145 Misc.2d 84 (1989)

In the Matter of The Estate of Mary D. Biddle, Deceased.

Surrogate's Court, New York County.

August 2, 1989

Attorney(s) appearing for the Case

Eaton & Van Winkle (John M. Whelan and Richard J. Carter, Jr., of counsel), for petitioners. Hollyer, Jones, Brady, Smith, Troxell, Barrett & Chira (D. Chase Troxell of counsel), for objectants. Robert Abrams, Attorney-General (Charles Brody of counsel), for ultimate charitable beneficiaries.

MARIE M. LAMBERT, S.

The question presented in this inter vivos trust accounting proceeding of a trust created before 1956 is whether a successor cotrustee who qualified subsequent to June 5, 1978 is entitled to principal-receiving commissions on the original principal received by him, pursuant to SCPA 2308 (1) (a) as amended by Laws of 1978 (ch 237, § 8, eff June 5, 1978). The court has found no case...

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