*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 984

CA 14-01604

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, WHALEN, AND DEJOSEPH, JJ. IN THE MATTER OF JP MORGAN CHASE BANK, N.A.

(SUCCESSOR BY MERGER TO THE CHASE MANHATTAN

BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO ORDER LINCOLN FIRST BANK, N.A.) (SUCCESSOR BY

CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST

COMPANY), AS TRUSTEE UNDER THE TRUST AGREEMENT

DATED MAY 23, 1932 BY ALVAH G. STRONG, DECEASED

AND PURSUANT TO THE EXERCISE OF THE POWER OF

APPOINTMENT UNDER PARAGRAPH NINTH OF THE WILL OF

MARJORIE H. STRONG, DECEASED, FOR THE BENEFIT OF

MARJORIE STRONG WEHLE, DECEASED (WHO DIED JANUARY 8, 2004), PETITIONER-APPELLANT-RESPONDENT. (PROCEEDING NO. 1.) ----------------------------------------------------- IN THE MATTER OF JP MORGAN CHASE BANK, N.A.

(SUCCESSOR BY MERGER TO THE CHASE MANHATTAN

BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO

LINCOLN FIRST BANK, N.A.) (SUCCESSOR BY

CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST

COMPANY), AS TRUSTEE UNDER PARAGRAPH 22(b)(4) OF

THE WILL OF ALVAH G. STRONG, DECEASED, FOR THE

BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO

DIED JANUARY 8, 2004),

PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 2.) --------------------------------------------------- IN THE MATTER OF JP MORGAN CHASE BANK, N.A.

(SUCCESSOR BY MERGER TO THE CHASE MANHATTAN

BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO

LINCOLN FIRST BANK, N.A.) (SUCCESSOR BY

CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST

COMPANY), AS TRUSTEE UNDER PARAGRAPH FOURTH OF

THE WILL OF ALVAH G. STRONG, DECEASED, FOR THE

BENEFIT OF MARJORIE STRONG WEHLE, DECEASED (WHO

DIED JANUARY 8, 2004),

PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 3.) --------------------------------------------------- IN THE MATTER OF JP MORGAN CHASE BANK, N.A.

(SUCCESSOR BY MERGER TO THE CHASE MANHATTAN

-2- 984 CA 14-01604 BANK) (SUCCESSOR BY MERGER TO CHASE LINCOLN

FIRST BANK, N.A.) (SUCCESSOR IN INTEREST TO

LINCOLN FIRST BANK, N.A.) (SUCCESSOR BY

CONSOLIDATION TO LINCOLN FIRST BANK OF ROCHESTER)

(FORMERLY KNOWN AS LINCOLN ROCHESTER TRUST

COMPANY), AS TRUSTEE UNDER PARAGRAPH TENTH OF

THE WILL OF MARJORIE H. STRONG, DECEASED, FOR

THE BENEFIT OF MARJORIE STRONG WEHLE, DECEASED

(WHO DIED JANUARY 8, 2004),

PETITIONER-APPELLANT-RESPONDENT.

(PROCEEDING NO. 4.) --------------------------------------------------- CHARLES WEHLE AND HENRY WEHLE, OBJECTANTS-RESPONDENTS-APPELLANTS.

(APPEAL NO. 1.) HARRIS BEACH PLLC, PITTSFORD (A. VINCENT BUZARD OF COUNSEL), FOR PETITIONER-APPELLANT-RESPONDENT.

HARRIS, WILTSHIRE & GRANNIS LLP, WASHINGTON, D.C. (MARK A. GRANNIS OF COUNSEL), FOR OBJECTANTS-RESPONDENTS-APPELLANTS.