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MATTER OF MANUFACTURERS & TRADERS TRUST COMPANY

42 A.D.3d 936 (2007)

839 N.Y.S.2d 642

In the Matter of MANUFACTURERS & TRADERS TRUST COMPANY (Formerly MERCHANTS NATIONAL BANK AND TRUST COMPANY OF SYRACUSE), a Cotrustee of the David Small Trust Under Agreement Dated December 28, 1938, Appellant-Respondent. DAVID SMALL et al., Respondents-Appellants.

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

Decided July 6, 2007.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs and the decree is modified on the law by remitting the matter to Surrogate's Court, Onondaga County, for further proceedings in accordance with the memorandum and as modified the decree is affirmed without costs.

Memorandum:

Petitioner appeals from that part of a decree determining that "EPTL 11-A-4.6 does not require...

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