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MATTER OF MOONEY

263 A.D.2d 727 (1999)

694 N.Y.S.2d 784

In the Matter of the Estate of WALTER J. MOONEY, Deceased. FLEET TRUST COMPANY, as Successor to STATE BANK OF ALBANY, Appellant; WALTER J. MOONEY, JR. et al., Respondents.

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

Decided July 15, 1999.

Mikoll, J. P.

The underlying facts of the instant proceeding involve six testamentary trusts to which Walter J. Mooney (hereinafter decedent) left stocks of two related, closely held corporations, Ballston Knitting Company, Inc. (hereinafter BKC) and Frank B. Graves Company (hereinafter Graves). Respondents Walter J. Mooney, Jr. and Frances E. Madden and petitioner were cotrustees for said trusts. Mooney and Madden were also shareholders of BKC and Graves and served...

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