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MATTER OF WAGNER

120 A.D.3d 919 (2014)

991 N.Y.S.2d 235

2014 NY Slip Op 05716

In the Matter of the Estate of JOHN WAGNER, Deceased. CANANDAIGUA NATIONAL BANK AND TRUST COMPANY et al., Respondents. COLIN DESROSIERS et al., Appellants. (Appeal No. 2.)

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

Decided August 8, 2014.

Appeal from a decree of the Surrogate's Court, Monroe County (Edmund A. Calvaruso, S.), entered September 3, 2013. The decree granted the petition to terminate a testamentary trust and ordered that the remaining balance of the trust be delivered to Sally Baumann.

It is hereby ordered that the decree so appealed from is modified on the law by vacating the third decretal paragraph and as modified the decree is affirmed without costs, and the matter is remitted to Surrogate...

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