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MATTER OF GOODWIN

190 Misc.2d 601 (2002)

739 N.Y.S.2d 239

In the Matter of the Estate of PHILIP A. GOODWIN, Deceased.

Surrogate's Court, Greene County.

January 23, 2002.

Attorney(s) appearing for the Case

Conway Lavelle & Finn, Albany (Matthew W. Ryan of counsel), for petitioner.

FitzGerald Morris Baker Firth P.C., Glens Falls (Shannon L. Stockwell of counsel), for Philip Albright and others.

John C. Welsh, Albany, for David Albright and others.

OPINION OF THE COURT

GEORGE J. PULVER, JR., S.

Factual Background

The last will and testament of decedent Philip A. Goodwin (hereinafter referred to as decedent) was admitted to probate in the Greene County Surrogate's Court on June 22, 1937. Pursuant to this document, which was executed on January 14, 1937, two trusts were established. The first trust named Mechanics & Farmers Bank Albany as trustee with the rents, income and profits...

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