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MATTER OF MERGENHAGEN

50 A.D.3d 1486 (2008)

856 N.Y.S.2d 389

In the Matter of the Proceeding to Remove DAVID M. MERGENHAGEN as Trustee of the Irrevocable Trust of MELVIN D. MERGENHAGEN and GERALDINE R. MERGENHAGEN, Dated June 26, 1991. (Proceeding No. 1.) In the Matter of the Proceeding to Remove DAVID M. MERGENHAGEN as Trustee of the Irrevocable Trust of MELVIN D. MERGENHAGEN and GERALDINE R. MERGENHAGEN, Dated October 10, 1994. (Proceeding No. 2.) CAROL A. SKRETNY et al., Appellants; DAVID M. MERGENHAGEN et al., Respondents.

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

Decided April 25, 2008.

It is hereby ordered that the decree and order insofar as appealed from is unanimously reversed on the law without costs, the petitions are granted in part, the termination of trust dated October 10, 1994 is vacated, respondent David M. Mergenhagen is removed as trustee from the 1991 and 1994 irrevocable trusts, he is directed to account forthwith for all money and other property received by him with respect to those trusts and...

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