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MATTER OF STRONG

289 A.D.2d 798 (2001)

734 N.Y.S.2d 668

In the Matter of the Trust Made by HELEN M. STRONG, Deceased. KEY TRUST COMPANY, N. A., as Trustee of the Trust Made by HELEN M. STRONG, Deceased, Appellant; CHARLES E. PANNACI, Respondent.

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

Decided December 20, 2001.

Carpinello, J.

By will dated November 2, 1964, Helen M. Strong established a testamentary trust to manage a portion of her residuary estate upon her demise. The principal purpose of the trust was to provide suitable life income to Strong's daughter, with the remainder to be paid outright to her daughter's issue upon her death. The designated trustee was National Commercial Bank and Trust Company, petitioner's predecessor. After Strong's

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