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MATTER OF CETTA

295 A.D.2d 863 (2002)

743 N.Y.S.2d 899

In the Matter of the Estate of PASQUALE A. CETTA, Deceased. KATHLEEEN CETTA, Appellant; MICHAEL CETTA, as Executor and Trustee of PASQUALE A. CETTA, Deceased, et al., Respondents.

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

Decided June 27, 2002.

Carpinello, J.

Pursuant to the terms of a testamentary trust established by her late husband, Pasquale A. Cetta (hereinafter decedent), petitioner is to receive all of the trust income during her lifetime, as well as 10% of the trust principal "in each calendar year beginning with the calendar year of [decedent's] death."1 In this proceeding, petitioner claims that respondent Michael Cetta, executor of decedent's will and trustee of the...

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