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MATTER OF BURDEN

170 Misc.2d 1029 (1996)

653 N.Y.S.2d 227

In the Matter of Sidney D. Rosoff et al., as Successor Trustees under an Agreement of Trust Created by Katharine W. Burden, Settlor.

Surrogate's Court, New York County.

December 23, 1996

Attorney(s) appearing for the Case

Parker Duryee Rosoff & Haft, New York City (Dean Braslaw of counsel), for Sidney D. Rosoff and another, co-trustees.

RENEE R. ROTH, S.

The issue in this proceeding seeking to invade principal of an inter vivos trust is whether unborn contingent remaindermen are "persons beneficially interested", whose consent is required under the governing statute, EPTL 7-1.6 (a).

Katharine Burden, now deceased, created this trust in 1935 for the life income benefit of her husband. The trust agreement provides that upon the husband...

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