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WINKLER v. BAUMAN

89 A.D.2d 529 (1982)

Barbara B. Winkler, Appellant, v. Bertram Bauman et al., Individually and as Trustees of Scott Personnel, Inc., Employees Profit-Sharing Plan and Trust, Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

July 15, 1982

The decedent (Irving Winkler) established with his former business partner (defendant Berkrot) a profit-sharing plan and trust in 1967. The plan provided that each participant would have the unfettered right at any time to designate or change beneficiaries. In the event of failure to designate a beneficiary, the participant's interest in the trust fund would be paid to "his surviving spouse". The decedent never did designate a beneficiary for his interest in the plan. Shortly...

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