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  5. 141 Misc.2d 1005 (1988)
 

MATTER OF SURUT

141 Misc.2d 1005 (1988)

In the Matter of The Estate of Elias Surut, Deceased.

Surrogate's Court, New York County.

December 7, 1988

Attorney(s) appearing for the Case

Fink, Weinberger, Fredman, Berman & Lowell, P. C., for Frieda Berg and another, petitioners. Alfieri, Frohman, Unger & Primoff for L. Robert Primoff, as trustee, respondent.

RENEE R. ROTH, S.

This application by the income beneficiary of a 1923 testamentary trust requests the court to permit the trustee to invade principal to pay her nursing home expenses (EPTL 7-1.6).

Although the presumptive remainderman of the trust consents, the application is opposed by the trustee on the ground that it defeats the intention of the testator and that the consent of the beneficiary...

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