Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the principal of the subject trust shall not be included in the estate for purposes of calculating the surviving spouse's elective share.
The facts herein are not in dispute. On April 12, 1983, Lucille Kohut executed a trust agreement, wherein Vincent Galasso, Esq., was named as trustee. The trust provided the grantor with the income therefrom during her lifetime, and upon her...
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