MTR. OF SMALLEN


86 Misc.2d 949 (1976)

In the Matter of The Estate of Benjamin Smallen, Deceased.

Surrogate's Court, Erie County.

July 1, 1976


Attorney(s) appearing for the Case

Jerome C. Rosenthal for petitioner. Milton H. Friedman for respondent.


WILLIAM J. REGAN, S.

This is an application by Annette W. Smallen, the surviving spouse of Benjamin Smallen, as income beneficiary of a trust created for her benefit under paragraph THIRD of the last will and testament of Benjamin Smallen, requesting that the court permit and direct an invasion of the trust principal up to $3,000 per year in addition to the income earned on said principal.

The testator, Benjamin Smallen, by his last will and testament...

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