FLEET TRUST COMPANY


262 A.D.2d 935 (1999)

692 N.Y.S.2d 548

FLEET TRUST COMPANY et al., as Trustees Under Article Fourth for the Benefit of Protestant Episcopal Church of the Ascension Under the Will of WILLIAM R. BOUGHTON, Deceased, Appellants-Respondents. PROTESTANT EPISCOPAL CHURCH OF THE ASCENSION, Respondent-Appellant.

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

Decided June 18, 1999.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Testator, a lifelong member of the Protestant Episcopal Church of the Ascension (Church), established in his last will and testament a testamentary trust for the benefit of the Church in memory of his parents. The terms of the trust provide in relevant part:

"(A) My trustees shall invest the trust assets to receive a reasonable return on the fund...

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