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IN THE MATTER OF HSBC BANK USA, N.A. (KNOX)

CA 11-01692.

98 A.D.3d 300 (2012)

947 N.Y.S.2d 292

2012 NY Slip Op 4954

In the Matter of the Judicial Settlement of the Intermediate Account of HSBC BANK USA, N.A., as Trustee of the Trust under Agreement Dated January 21, 1957, SEYMOUR H. KNOX, II, Grantor, for the Benefit of the Issue of SEYMOUR H. KNOX, III, for the Period January 21, 1957 to November 3, 2005. HSBC BANK USA, N.A., Appellant; W.A. READ KNOX et al., Respondents. (Proceeding No. 1.) (Appeal No. 2.)

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

June 19, 2012.

Attorney(s) appearing for the Case

Harris Beach PLLC, Buffalo ( Richard T. Sullivan of counsel), and Blair & Roach, Tonawanda, for appellant.

Donald G. McGrath, PLLC, Williamsville ( Donald G. McGrath of counsel), and Duke, Holzman, Photiadis & Gresens LLP, Buffalo, for W.A. Read Knox and others, respondents.

Hodgson Russ LLP, Buffalo ( Daniel C. Oliverio of counsel), for Daniel C. Oliverio, guardian ad litem for Seymour H. Knox, V and others, respondent.

SMITH, CENTRA and LINDLEY, JJ., concur.

OPINION OF THE COURT

SCUDDER, P.J.

I

On January 21, 1957, Seymour H. Knox, II (Knox, II) executed a trust agreement establishing a trust "for the benefit of the issue of his son, Seymour H. Knox, III" (1957 trust). The Knox family cofounded F.W. Woolworth Company (Woolworth), and Knox, II served as a chairman of the board of petitioner's predecessor in interest, the Marine Trust Company of Western New York, which was also formerly known as Marine...

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