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MATTER OF HYDE

61 A.D.3d 1018 (2009)

876 N.Y.S.2d 196

In the Matter of a Trust Created by CHARLOTTE P. HYDE, Deceased. GLENS FALLS NATIONAL BANK AND TRUST COMPANY et al., as Trustees of a Trust Created by CHARLOTTE P. HYDE, Deceased, Petitioners; CAROL J. WHITNEY, as Executor of Louis H. WHITNEY, Deceased, et al., Respondents, and MARY W. RENZ et al., Appellants. (Proceeding No. 1.) In the Matter of a Trust Created by NELL PRUYN CUNNINGHAM, Deceased. BANKNORTH, N.A., et al., as Trustees of a Trust Created by NELL PRUYN CUNNINGHAM, Deceased, Petitioners; CAROL J. WHITNEY, as Executor of LOUIS H. WHITNEY, Deceased, et al., Appellants-Respondents, and MARY W. RENZ, Respondent-Appellant, et al., Respondents. (Proceeding No. 2.)

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

Decided April 2, 2009.

CARDONA, P.J.

These proceedings arise out of two trusts; one was created by Charlotte P. Hyde in her last will and testament (hereinafter the Hyde trust) and the other was an inter vivos trust created by Nell Pruyn Cunningham (hereinafter the Cunningham trust). The Hyde trust provides that Hyde's grandchildren, respondent Mary W. Renz (hereinafter Renz) and Louis H. Whitney (hereinafter Whitney), receive equal shares of the trust income during their lifetime. Upon...

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