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IN THE MATTER OF HUMMEL

30 A.D.3d 802 (2006)

817 N.Y.S.2d 424

In the Matter of a Trust Created by JANE M. HUMMEL, Deceased. FLEET NATIONAL BANK, as Trustee of the Trusts Under Agreement of Jane M. Hummel, Deceased, Respondent; JAMES D. McNAUGHTEN JR. et al., Respondents, and EPISCOPAL CHARITIES OF ALBANY, INC., Appellant. (Proceeding No. 1.) (And Another Related Proceeding.) EPISCOPAL CHARITIES OF ALBANY, INC., Appellant, v. ALBANY MEDICAL CENTER—SOUTH CLINICAL CAMPUS, Respondent, et al., Defendants.

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

June 15, 2006.

Kane, J.

Vincent D. Hummel and Jane M. Hummel executed nearly identical documents establishing trusts providing them with lifetime benefits. Upon the death of one spouse, that spouse's trust provided a lifetime remainder of net income to the surviving spouse. Following the death of both spouses, the corpus of each trust was to be distributed by paying specified amounts to certain relatives and dividing the residue equally...

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