MATTER OF STEIN


131 A.D.2d 68 (1987)

In the Matter of Jules Stein, Deceased. Anthony Mastroianni et al., Appellants; Greater Beneficial Union of Pittsburgh, Respondent

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

October 19, 1987


Attorney(s) appearing for the Case

Smyth, Lack & Novick (Schechter, Schechter & Kenney [Joel M. Markowitz] of counsel), for Anthony Mastroianni, appellant.

Vincent P. Di Stephan for Mary Ann Leech, appellant.

McCabe, Nicolini, Paradise & Cozzens (Seth D. Bykofsky, James D. Kehoe and Michael A. Fiechter on the brief), for respondent.

THOMPSON, J. P., BRACKEN and LAWRENCE, JJ., concur.


SPATT, J.

The narrow issue presented on this appeal is purely a question of law which has not been previously addressed by any appellate court in this State. Does EPTL 13-3.3 (a) (1) require that a trust instrument be executed prior to the designation of a trustee as beneficiary of a life insurance policy as a prerequisite to that designated beneficiary's right to receive the proceeds of the life insurance policy...

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