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MATTER OF TRUST PALKA

284 A.D.2d 622 (2001)

726 N.Y.S.2d 175

In the Matter of the Trust Created by JAMES F. WIBLE. STEPHEN PALKA, as Trustee of the Trust Created by JAMES F. WIBLE, Respondent; SHARON A. BAILEY, Appellant, and ILEAN S. WIBLE, Respondent.

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

Decided June 7, 2001.

Carpinello, J.

Shortly before his death, decedent created an inter vivos trust funded by his residence, household furnishings, boat and the proceeds of a note and mortgage. Following his death, the trust agreement required that the trustee pay 40% of the monthly net proceeds of the note to decedent's children, including respondent Sharon A. Bailey. The trustee was also required to pay decedent's wife, respondent Ilean S...

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