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MATTER OF MANUFACTURERS AND TRADERS TRUST COMPANY

1043 CA 08-02176.

66 A.D.3d 1377 (2009)

886 N.Y.S.2d 529

2009 NY Slip Op 6939

In the Matter of MANUFACTURERS AND TRADERS TRUST COMPANY (Formerly MERCHANTS NATIONAL BANK AND TRUST COMPANY OF SYRACUSE), a Cotrustee of the DAVID SMALL TRUST Under Agreement Dated December 28, 1938, Respondent-Appellant, to Resign as Trustee and For Approval of its Accounting. JOAN SMALL FANELLI et al., Individually and as Beneficiaries of the Trust of DAVID SMALL, Appellants-Respondents. JOAN SMALL FANELLI et al., Individually and as Beneficiaries of the Trust of David Small, Appellants-Respondents, v. M&T BANK CORPORATION, as Trustee of the TRUST OF DAVID SMALL, Respondent-Appellant.

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

Decided October 2, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by awarding petitioner-defendant and respondents-plaintiffs counsel fees and as modified the order is affirmed without costs, and the matter is remitted to Surrogate's Court, Onondaga County, for further proceedings in accordance with the following memorandum: In 1938, David Small (decedent) executed an irrevocable inter vivos trust (Trust) for the benefit of his surviving children and...

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