IN THE MATTER OF CHASE MANHATTAN BANK


26 A.D.3d 824 (2006)

809 N.Y.S.2d 360

In the Matter of CHASE MANHATTAN BANK (Successor by Merger to The Chase Lincoln First Bank, N.A., Successor in Interest to Lincoln First Bank of Rochester, Formerly Known as Lincoln Rochester Trust Company), as Trustee of the Trust for the Benefit of Blanche D. Hunter, Deceased, and Another, Under "Fifth" of the Will of Charles G. Dumont, Deceased, Appellant-Respondent. MARGARET HUNTER et al., Respondents-Appellants; ELIOT SPITZER, as Attorney General of the State of New York, Respondent.

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

February 3, 2006.


It is hereby ordered that the judgment insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and the objections dated October 22, 2003 are dismissed.

Memorandum:

Petitioner (trustee) appeals and objectants cross-appeal from a judgment ordering that objectants "recover of" the trustee a surcharge plus interest and commissions in the amount of $24,076,937.31 based upon the Surrogate's determination that the trustee...

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