MATTER OF DELAVAN


95 Misc.2d 540 (1978)

In the Matter of The Estate of Luella G. Delavan, Deceased.

Surrogate's Court, Orange County.

July 12, 1978


Attorney(s) appearing for the Case

Bull, Morreale, Grillo & Judelson, P. C., for petitioners. Louis J. Lefkowitz, Attorney-General (Thomas Fernandes of counsel), for ultimate charitable beneficiaries. Thomas J. McCuster for Father Flanagan's Boys' Home. Webster & Sheffield for Children's Aid Society. Decker & Darcy for Alumni Association of Orange County Community College and another. Henry B. Merritt for Orange County Cerebral Palsy Association.


IRVING A. GREEN, J.

In this construction proceeding the court is asked to determine whether a duly filed renunciation of her entire income interest in a trust created for her lifetime benefit by the sole surviving cestui que trust has effected an acceleration of the trust corpus to specifically named charitable remaindermen. The Attorney-General, in his answer to the petition requests a construction by the court accelerating the charitable remainders...

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