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MTR. OF MILLER

101 Misc.2d 778 (1979)

In the Matter of The Estate of George C. Miller, Deceased.

Surrogate's Court, Monroe County.

November 21, 1979.

Attorney(s) appearing for the Case

Culley, Marks, Corbett, Tannenbaum, Reifsteck & Potter (Scott A. Forsyth of counsel), for petitioner. Harter, Secrest & Emery (John F. Mahon of counsel), for Nancy Lee Rodee and another, respondents. O'Brien & O'Brien (Robert E. O'Brien of counsel), for Lincoln First Bank and another, respondents.

MICHAEL A. TELESCA, S.

Petitioner is the daughter of the deceased and the recipient of $300 per month from a trust created under her father's will. Her daughters, who are the trust remaindermen, oppose the mother's application for an increase claiming that EPTL 7-1.6 (subd [b]) does not allow this court to exercise its discretion to increase an annuity and thus, the petition should be dismissed. They claim...

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