MATTER OF ROCHE


69 Misc.2d 481 (1972)

In the Matter of The Estate of Edward Roche, Deceased.

Surrogate's Court, Queens County.

March 28, 1972


Attorney(s) appearing for the Case

Davidson, Dawson & Clark for petitioner. Louis J. Lefkowitz, Attorney-General, for ultimate charitable beneficiaries.


LOUIS D. LAURINO, S.

This is an application by the successor trustee for a construction of testator's will, for the purpose of preserving the tax-exempt status of a trust originally created by will in 1931. The petitioner seeks a construction of the terms of the trust which will allow it to invade the principal of the trust, if required, in order to comply with the minimum distribution requirements of section 508 (subd. [e]) and section 4942 of the Internal...

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