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MATTER OF NAT'L CITY BANK OF NEW YORK

276 A.D. 835 (1949)

In the Matter of the Accountings of National City Bank of New York, as Trustee under Two Trust Agreements Made by William C. Fields (Known as William C. Fields Trusts No. 1 and No. 2), Respondent. Harriet V. Fields, Appellant; Magda Michael, as Executrix of William C. Fields, Deceased, Appellant-Respondent; Walter Fields et al., Respondents

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

December 20, 1949.

Per Curiam.

The trust agreements disclose that the settlor did not intend to make a gift of the remainders in the event he lived beyond December 1, 1946. This is clearly evidenced by the fact that all of the contingencies provided for are predicated upon his death on or prior to that date. In subdivision C of article first of the agreements he directed payment of the principal to the beneficiaries on December 1, 1946...

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