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MATTER OF ASSERSON

184 Misc.2d 480 (2000)

707 N.Y.S.2d 821

In the Matter of LORI ASSERSON, as Trustee, for a Construction of the Provisions of Article II of Trusts under Agreements dated December 20, 1991. In the Matter of JEFFREY MARSHALL, as Trustee, for a Construction of the Provisions of Article II of Trusts under Agreements dated December 20, 1991.

Surrogate's Court, Nassau County.

May 15, 2000.

Attorney(s) appearing for the Case

Rosen & Reade, L. L. P., New York City, for petitioner.

Anthony T. Scotto, Garden City, guardian ad litem.

OPINION OF THE COURT

C. RAYMOND RADIGAN, J.

In these construction proceedings, the trustees of two identical inter vivos trusts seek the court's construction of Article II of the trusts. The trusts were created on December 20, 1991, one for each of the settlor's two infant grandchildren. Thereafter, a series of gifts was made to each of the trusts.

Article II of the trusts provides as follows:

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