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MATTER OF SMITH

200 A.D.2d 311 (1994)

In the Matter of The Estate of Andrew W. Smith, Deceased. Iris S. Christ et al., Respondents; Bank of New York, as Trustee of the Trusts Created by Andrew W. Smith, Deceased, Appellant

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

June 23, 1994

Attorney(s) appearing for the Case

Emmet, Marvin & Marvin, New York City (Lawrence B. Thompson and Joseph M. Samulski of counsel), for appellant.

Teitler & Teitler, New York City (Michael F. Teitler and Elise A. Bloustein of counsel), for respondents.

CARDONA, P. J., CREW III, WEISS and YESAWICH JR., JJ., concur.

CASEY, J.

The dispute involved on this appeal concerns the amount of the commissions due respondent, as the designated trustee of the trusts created by the last will and testament of decedent, Andrew W. Smith. The will was executed in 1919 and provided, inter alia, that the net residuary estate be divided into four shares and placed in four separate trusts for the benefit of certain named relatives. Respondent...

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