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MATTER OF VON GONTARD

279 A.D.2d 438 (2001)

720 N.Y.S.2d 111

In the Matter of a Trust Created by HILDEGARD VON GONTARD. BANK OF NEW YORK, Appellant; PAUL T. VON GONTARD et al., Respondents.

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

Decided January 30, 2001.

The trustee of the subject GRIT has applied to reform the trust indenture upon its purportedly recent discovery that the six-year-old indenture does not accurately reflect the dispositional intent of the incapacitated grantor as reflected in her will and revocable trust. However, the trustee's showing in support of its application provides no basis upon which to conclude that there is any conflict between the GRIT and the previously executed dispositional instruments. The...

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