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MATTER OF MATTHEWS TRUST NO. 1. WILLIAM MORRISON MATTHEWS v. CADWALADER, WICKERSHAM & TAFT, LLP

61 A.D.3d 511 (2009)

878 N.Y.S.2d 8

In the Matter of Construction and Reformation of MATTHEWS TRUST NO. 1. WILLIAM MORRISON MATTHEWS et al., Respondents, v. CADWALADER, WICKERSHAM & TAFT, LLP, Appellant, et al., Respondent. In the Matter of Appointment of PAUL W. MOURNING, as Successor Trustee of MATTHEWS TRUST No. 1. PAUL W. MOURNING, Appellant, v. WILLIAM MORRISON MATTHEWS et al., Respondents.

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

Decided April 16, 2009.

This is an appeal from the Surrogate's denial of petitioner Mourning's motion to compel the appointment of a member of the Cadwalader, Wickersham & Taft law firm (Cadwalader) as the individual trustee of certain trusts. There are four trusts at issue. Three were established for the benefit of the grantor's two sons in 1957, and one for her nephew in 1964. These are inter vivos trusts, continuing until the beneficiaries pass away, and are irrevocable. At the time the trusts...

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