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MATTER OF SAXTON

219 A.D.2d 85 (1996)

640 N.Y.S.2d 287

In the Matter of The Estate of John P. Saxton, Deceased. Manufacturers and Traders Trust Company, as Trustee of the Trust Created by the Last Will of John P. Saxton, Deceased, Appellant; Mary R. Crittenden et al., Respondents, Estate of Anna E. Saxton, Appellant

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

March 21, 1996

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, L. L. P., Buffalo (Jerrold S. Brown of counsel), for Manufacturers and Traders Trust Company, appellant.

Hinman, Howard & Kattell, Binghamton (James M. Hayes of counsel), for Estate of Anna E. Saxton, appellant.

Sayles, Evans, Brayton, Palmer & Tifft, Elmira (Clover M. Drinkwater of counsel), for Mary Rita Crittenden, respondent; and Bond, Schoeneck & King, Syracuse (James N. Seeley of counsel), for Mary Rita Crittenden and another, respondents.

MERCURE, J. P., CREW III and YESAWICH JR., JJ., concur.

PETERS, J.

John P. Saxton (hereinafter decedent) died on November 6, 1958 leaving his spouse, Anna E. Saxton, along with their two daughters, respondents Mary Rita Crittenden and Patricia McDonald. Pursuant to the terms of his will, decedent bequeathed the residue of his estate to Endicott Trust Company, in trust, with the net income of such trust to be paid to Anna Saxton during her lifetime. Upon her death...

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