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MATTER OF MANUFACTURERS AND TRADERS TRUST COMPANY

498 CA 09-01787.

72 A.D.3d 1573 (2010)

898 N.Y.S.2d 917

In the Matter of the Judicial Settlement of the Final Account of MANUFACTURERS AND TRADERS TRUST COMPANY, Respondent-Appellant, as Executor of JOHN CLARKE ADAMS, Deceased. PETER ADAMS et al., Individually and as Testamentary Trustees of Their Children ARMAND ADAMS and Another, et al., Appellants-Respondents.

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

Decided April 30, 2010.

It is hereby ordered that said cross appeal is unanimously dismissed and the order is otherwise affirmed without costs.

Memorandum: Petitioner commenced this proceeding as the executor of decedent's estate seeking approval of its account. Respondents, the beneficiaries of the estate, filed various objections. Following a trial, Surrogate's Court concluded, inter alia, that petitioner was negligent in its fiduciary duty...

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