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MATTER OF ABRAMS

242 A.D.2d 450 (1997)

662 N.Y.S.2d 760

In the Matter of The Estate of Charles Abrams, Deceased. Charles M. Haar, as Successor Trustee of The Trust for the Benefit of Abby Abrams Under The Last Will and Testament of Charles Abrams, Deceased, et al., Respondents; Adam Abrams et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

September 16, 1997

The objectants challenge the funding of their mother's residuary trust on the ground that EPTL 2-1.9 precluded the decedent's widow from sharing in the appreciation of the decedent's estate, and urge that the release their mother executed is not binding upon them because her interests were in conflict with their own. The Surrogate properly rejected both contentions. EPTL 2-1.9 does not prohibit the distribution of the appreciation of a legacy that is not strictly pecuniary...

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