MATTER OF EBERHART


171 Misc.2d 939 (1997)

656 N.Y.S.2d 159

In the Matter of Dorathea Eberhart for the Correction of the Frank Eberhart Inter Vivos Trust. In the Matter of Dorathea Eberhart for the Correction of the David F. Eberhart Inter Vivos Trust.

Surrogate's Court, New York County.

March 18, 1997


Attorney(s) appearing for the Case

Milbank Tweed Hadley & McCloy, New York City (Georgiana J. Slade of counsel), for petitioner. Christopher J. Lagno, New York City, guardian ad litem.


RENEE R. ROTH, S.

The main issue in these applications to reform two inter vivos revocable trusts is whether the instruments should provide that the trustee cannot exercise his discretionary power of invasion to satisfy his obligation to support his children, the beneficiaries of the trusts.

The background of these proceedings is as follows. In 1995, after Dorathea Eberhart told her two nephews, David...

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