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MATTER OF OTTO

89 Misc.2d 672 (1977)

In the Matter of The Estate of Carl L. Otto, Deceased.

Surrogate's Court, Nassau County.

March 7, 1977

Attorney(s) appearing for the Case

Pendry, Schneider & Hyde for petitioner. Cullen & Dykman for Cathedral of the Incarnation. Louis J. Lefkowitz, Attorney-General (Allan E. Kirstein of counsel), for ultimate charitable beneficiaries.

JOHN D. BENNETT, J.

In this will construction proceeding to reform an old-law charitable remainder trust with two life income beneficiaries followed by a bequest to a noncharitable beneficiary to a 7½% unitrust thereby enabling the trustees to claim a charitable deduction under the Tax Reform Act of 1969 (83 US Stat 487 et seq.) the court rendered a decision dated February 24, 1976 (reported in 86 Misc.2d 824

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