Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the defendant's contention, the plaintiff's commencement of this action did not violate the "incontestability" clause of the subject trust agreement. The plaintiff's action does not assert any interest in the trust other than provided by the express terms thereof and does not contest, dispute, or call into question the validity of the trust agreement. To the contrary, the plaintiff...
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