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MATTER OF FOUTS

176 Misc.2d 521 (1998)

677 N.Y.S.2d 699

In the Matter of Roger Fouts et al., as Trustees under the 1997 Chimpanzee Care Trust, dated October 9, 1997, Petitioners.

Surrogate's Court, Nassau County.

July 10, 1998.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, New York City, and Animal Legal Defense Fund, Rockville, Maryland, for Roger Fouts and others, petitioners.

C. RAYMOND RADIGAN, J.

On the court's own motion, the decision and order dated March 20, 1998 is hereby withdrawn and the following is substituted in its place.

Submitted for the court's consideration is a petition to transfer the situs of an inter vivos trust from New York to the State of Washington. Its novelty lies in the fact that the trust was created under the auspices of EPTL 7-6.1, a statute of

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