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MATTER OF COLLINS

36 A.D.3d 1191 (2007)

828 N.Y.S.2d 689

In the Matter of the Estate of CHARLES W. COLLINS, Deceased. ONEONTA LODGE No. 466, FREE AND ACCEPTED MASONS, Respondent-Appellant; KEY BANK NATIONAL ASSOCIATION, Appellant-Respondent.

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

Decided January 25, 2007.

Kane, J.

Charles W. Collins' will established a trust which provided the trust's income to Edith Collins Villa during her lifetime and, upon her death, to petitioner. The trust does not permit invasion of principal. After Villa died in March 2003, petitioner commenced this proceeding seeking an accounting by respondent, the trustee. Respondent filed accountings covering the periods from January 1965 to July 1981 and October 1987 to June 2004, but was unable to locate...

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