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MTR. OF EDWARD NOBLE HOSP.

139927.

39 Misc.3d 279 (2013)

959 N.Y.S.2d 623

2013 NY Slip Op 23016

In the Matter of EDWARD JOHN NOBLE HOSPITAL OF GOUVERNEUR, NEW YORK, a Beneficiary Under the Last Wills and Testaments of CLAYTON F. RUSH and Others, Decedents.

Supreme Court, St. Lawrence County.

January 16, 2013.

Attorney(s) appearing for the Case

Case & Leader, LLP ( Henry J. Leader of counsel), for petitioner. Eric T. Schneiderman , Attorney General ( Deanna R. Nelson of counsel), for State of New York, respondent. Bond, Schoeneck & King, PLLC ( James N. Seeley of counsel), for Community Bank, N.A., respondent.

OPINION OF THE COURT

DAVID DEMAREST, J.

In this special proceeding, petitioner Edward John Noble Hospital of Gouverneur, New York (Hospital), seeks an order pursuant to Estates, Powers and Trusts Law § 8-1.1 (c), modifying the terms of three trusts which benefit the Hospital to permit the principal of the trusts to be pledged as collateral, or, in the alternative, be paid directly to the Hospital to meet its financial commitments.

Applicable...

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