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MATTER OF HSBC BANK (ELY)

22-9710/A.

37 Misc.3d 875 (2012)

952 N.Y.S.2d 740

2012 NY Slip Op 22284

In the Matter of the Judicial Settlement of the Account of HSBC BANK USA, Formerly MARINE MIDLAND BANK, et al., as Co-trustees under Article 6A of the Will of JAMES ELY for JAMES ELY, JR., Deceased.

Surrogate's Court, Erie County.

September 25, 2012.

Attorney(s) appearing for the Case

Hodgson Russ LLP ( Kevin M. Kearney of counsel) for HSBC Bank USA. Bond, Schoeneck & King, PLLC ( Edward C. Radin of counsel), for objectants.

OPINION OF THE COURT

BARBARA HOWE, J.

This is a proceeding for judicial settlement of the final account of HSBC Bank USA (hereafter, HSBC), as corporate trustee of the testamentary trust of James S. Ely (hereafter, Ely). The testamentary trust was established by Ely in his last will and testament dated September 28, 1959, for the benefit of his son, James S. Ely, Jr. (hereafter, James, Jr.). The will named...

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