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MATTER OF DeNEAU

140 Misc.2d 100 (1988)

In the Matter of The Estate of Richard DeNeau, Deceased.

Surrogate's Court, Nassau County.

June 24, 1988

Attorney(s) appearing for the Case

Rogers & Wells for trustee. Carol Mirotznik, guardian ad litem. Morrison & de Roos for petitioner. Demov, Morris & Hammerling for respondent.

C. RAYMOND RADIGAN, J.

This cross petition by the trustee of a testamentary trust is brought to obtain recoupment of the distributions of principal made to the remaindermen of the trust. In a decision rendered on February 8, 1988, this court found the partial distributions of principal made to the remaindermen were unlawful, and directed the trustee to return the money. This determination was without prejudice to a proceeding by the trustee to obtain...

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