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MTR. OF CHASE MANHATTAN BANK

6 N.Y.3d 456 (2006)

846 N.E.2d 806

813 N.Y.S.2d 361

In the Matter of the Judicial Settlement of the Final Account of the CHASE MANHATTAN BANK (Successor by Merger to the CHASE MANHATTAN BANK, N.A., Successor by Merger to CHASE LINCOLN FIRST BANK, N.A., Successor in Interest to LINCOLN FIRST BANK, N.A., Successor by Consolidation to LINCOLN FIRST BANK OF ROCHESTER), as Trustee under the Agreement Dated December 20, 1973 of A. CHARLES PIOCH, for the Benefit of KATHLEEN M. PIOCH, Respondent. CATHERINE H. HYMAN et al., Respondents; ST. JOHN FISHER COLLEGE et al., Appellants.

Court of Appeals of the State of New York.

Decided March 30, 2006.

Attorney(s) appearing for the Case

Harter, Secrest & Emery LLP, Rochester (A. Paul Britton, Robert G. Greene and Martin W. O'Toole of counsel), for appellants.

Woods Oviatt Gilman LLP, Rochester (William G. Bauer, Robert W. Croessman and Robert W. Kessler of counsel), for Chase Manhattan Bank, respondent.

Wiedman, Vazzana, Corcoran & Volta, P.C., Rochester (James G. Vazzana and Sandra E. Volta of counsel), for Frank B. Iacovangelo, respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

In this proceeding by a trustee seeking judicial settlement of a final account, we are asked whether the trustee's distribution of trust assets comported with the settlor's intent. We conclude that it did not and therefore reverse the order of the Appellate Division.

In December 1973, A. Charles Pioch (Charles) established two trusts designed to benefit himself, his daughter Kathleen and two charitable institutions...

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