MATTER OF ROTERMUND


61 Misc.2d 324 (1969)

In the Matter of The Estate of Henry F. Rotermund, Deceased.

Surrogate's Court, Nassau County.

November 24, 1969


Attorney(s) appearing for the Case

Kaye, Scholar, Fierman, Hays & Handler for petitioner.


JOHN D. BENNETT, S.

This is a proceeding by the surviving spouse as income beneficiary of the trust under paragraph (A) of article "SEVENTH" for an allowance from principal on the grounds that her support is not sufficiently provided for pursuant to EPTL 7-1.6. Since, pursuant to New York law, under which express trusts to receive the income from property and apply it to the use of or pay it to any person are...

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