MTR. OF PAINE


103 Misc.2d 393 (1980)

In the Matter of The Estate of Edward B. Paine, Deceased.

Surrogate's Court, New York County.

March 3, 1980.


Attorney(s) appearing for the Case

Satterlee & Stephens (Bryan Webb of counsel), for petitioner. Donald C. Christ, guardian ad litem. Shlom & Littman (Robert Littman of counsel), for Louise M. Vanderbilt. Connor, Curran, Connor, Flint & Schram (Keith G. Flint of counsel), for Wingate H. Paine, conservator. Hoddick, Reinwald, O'Connor & Marrack (Donald H. Read of counsel), for Maile Baldwin.


MILLARD L. MIDONICK, J.

The question presented in this construction proceeding — whether a renunciation by the income beneficiary of a trust accelerates the remainder — has apparently been resolved in favor of acceleration by EPTL 2-1.11 (subd [d]) for decedent's dying after its effective date (Aug. 11, 1977). In this case, however, the decedent died in 1951 leaving a will which he had executed...

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