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MATTER OF SCHLESINGER

167 Misc.2d 938 (1996)

640 N.Y.S.2d 743

In the Matter of Edward S. Schlesinger, as Trustee under the Anna M. Schlesinger Revocable Trust.

Surrogate's Court, New York County.

March 29, 1996

Attorney(s) appearing for the Case

Edward S. Schlesinger, P. C., New York City, for Edward S. Schlesinger, petitioner.

RENEE R. ROTH, S.

This is an application under the recently enacted "trust splitting" statute, EPTL 7-1.13 (L 1995, ch 523, eff Aug. 2, 1995), to sever a revocable trust established in 1983 by decedent Anna M. Schlesinger for her life income benefit.

We turn first to the new statute which authorizes trust splitting by three different methods, namely, by the fiduciary without court approval or the consent of the beneficiaries; by the fiduciary...

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