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MATTER OF ANDREWS v. TRUSTCO BANK, NATIONAL ASSOCIATION

289 A.D.2d 910 (2001)

735 N.Y.S.2d 640

In the Matter of ELDON K. ANDREWS et al., Appellants-Respondents, v. TRUSTCO BANK, NATIONAL ASSOCIATION, as Successor Trustee of the Trust made by BURTON A. ANDREWS, Deceased, Respondent. JUDITH A. ANDREWS et al., Respondents-Appellants; ELIOT SPITZER, as Attorney General, Respondent-Appellant.

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

Decided December 27, 2001.

Rose, J.

This appeal requires construction of provisions of an inter vivos trust created by Burton A. Andrews (hereinafter the grantor) in 1982. The initial trustee was the Bank of New York, and the trust agreement provided that, during the grantor's lifetime, he was the sole beneficiary receiving all of the trust's net income and so much of the principal as the trustee deemed advisable for his "support, maintenance, welfare and comfort." If not revoked or altered...

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