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MATTER OF ROWE

274 A.D.2d 87 (2000)

712 N.Y.S.2d 662

In the Matter of the Estate of FRANCES E. ROWE, Deceased. WILBER NATIONAL BANK, as Trustee of Trusts Created by the Last Will of FRANCES E. ROWE, Deceased, Appellant; NANCY V. R. WOLF et al., Respondents.

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

August 10, 2000.

Attorney(s) appearing for the Case

David Wawro, Oneonta, for appellant.

Farrell Fritz, P. C., Uniondale (John J. Barnosky of counsel), for respondents.

PETERS, SPAIN, CARPINELLO and GRAFFEO, JJ., concur.

OPINION OF THE COURT

MERCURE, J. P.

Petitioner was appointed trustee of a charitable lead trust created under the will of Frances E. Rowe, deceased (hereinafter decedent). The trust was funded solely by 30,000 shares of International Business Machines (hereinafter IBM) common stock, which was trading for approximately $113 per share at the time of decedent's death in April 1989 and approximately $117 per share...

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