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MATTER OF GOELET

28 A.D.2d 149 (1967)

In the Matter of the Trust Created by Robert Goelet, Deceased. Robert Goelet, Jr., Appellant; Lynn M. Goelet, Respondent; Sidney W. Davidson et al., as Executors and Trustees of Robert Goelet, Deceased, Respondents

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

October 19, 1967.

Attorney(s) appearing for the Case

Irving I Erdheim of counsel (Michael F. Erdheim with him on the brief; Erdheim & Armstrong & Shalleck, attorneys), for appellant.

Sidney A. Florea of counsel (Irving Brown with him on the brief; Field, Florea & O'Rourke, attorneys), for Lynn M. Goelet, respondent.

Leslie D. Dawson of counsel (Davidson, Dawson & Clark, attorneys), for executors and trustees, respondents.

CAPOZZOLI, TILZER, RABIN and McGIVERN, JJ., concur.

STEUER, J. P.

While we are in substantial accord with the disposition of the Surrogate, we find that the decree requires modification in some respects. Briefly stated, the facts are: The petitioner was formerly the wife of respondent. They were divorced in 1956. Prior to the divorce they had entered into a separation agreement which all parties agree has survived the divorce and still is in effect. In addition...

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