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MATTER OF BURCH

56 Misc.2d 336 (1968)

In the Matter of an Express Trust Made by Norma M. Burch, Formerly Known as Norma M. Flexner.

Supreme Court, Special Term, New York County.

March 12, 1968

Attorney(s) appearing for the Case

Milton S. Harrison for Norma M. Burch, petitioner. Weil, Gotschal & Manges (John M. Lewis and Leo Louis Schmolka of counsel), for Manufacturers Hanover Trust Co., as successor trustee, respondent.

FRANCIS J. BLOUSTEIN, J.

This application under CPLR 7701 to partially revoke the express trust of personal property is granted as requested.

The facts are not in dispute. The settlor created the inter vivos trust concerned in 1939, and $156,692.59 was then transferred to the trustee for the purposes of the trust. Since then the trust principal has increased to the value of about $600,000. The settlor now claims that in view of the increased...

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