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MATTER OF HUMMEL

9 Misc.3d 996 (2005)

805 N.Y.S.2d 236

In the Matter of JANE M. HUMMEL, Deceased. In the Matter of VINCENT D. HUMMEL, Deceased. EPISCOPAL CHARITIES OF ALBANY, INC., Plaintiff, v. ALBANY MEDICAL CENTER-SOUTH CLINICAL CAMPUS et al., Defendants.

Supreme Court, Albany County.

July 7, 2005.

Attorney(s) appearing for the Case

David R. Sheridan, Slingerlands, for Albany Medical Center and another.

Eliot Spitzer, Attorney General, Albany (Timothy B. Lennon of counsel), for ultimate charitable beneficiaries.

Tobin & Dempf, LLP, Albany (Michael L. Costello of counsel), for Episcopal Charities of Albany, Inc.

Maynard, O'Connor, Smith & Catalinotto, LLP, Albany (James R. Schultz of counsel), for Bank of America.

Featherstonhaugh, Wiley, Clyne & Cordo, LLP, Albany (Stephen J. Wiley of counsel), for First United Methodist Church.

OPINION OF THE COURT

CATHRYN M. DOYLE, J.

The court presently has pending before it two special proceedings and a breach of contract action involving trust agreements created by Jane M. Hummel and her husband, Vincent D. Hummel. Jane and Vincent Hummel executed revocable, reciprocal living trust agreements on May 9, 1991. Each agreement established a trust for the benefit of the grantor during their lifetime, and thereafter for the benefit of the grantor...

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