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MATTER OF WEILER

149 Misc.2d 371 (1990)

In the Matter of The Estate of Renee Weiler, Deceased.

Surrogate's Court, New York County.

December 21, 1990

Attorney(s) appearing for the Case

Olshan, Grundman & Frome (Susan Bloom of counsel), for Arthur D. Sederbaum, petitioner. Weil, Gotshal & Manger (Samuel H. Laitman and Allan S. Metrick of counsel), for William Weiler, respondent. Cravath, Swaine & Moore (Daniel L. Mosley and Jody A. Healy of counsel), for William M. Guttman, respondent.

RENEE R. ROTH, S.

At issue in this proceeding is whether the doctrine of ademption applicable to specific legacies should be extended to the remainder of a trust which was disposed of after the death of the testatrix but before the termination of the trust.

Testatrix, Renee Weiler, died in 1974 survived by her husband Theodore. Among the dispositions in her will, Mrs. Weiler established a residuary...

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