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MATTER OF MARCUS

191 Misc.2d 497 (2002)

742 N.Y.S.2d 777

In the Matter of Certain Trusts Created by Certain Agreements Dated April 25, 1968 between JACOB M. MARCUS, as Grantor, and PHILIP KAPLAN, as Trustee, and by a Certain Agreement Dated March 1, 1972 between NETRI MARCUS, as Grantor, and PHILIP KAPLAN, as Trustee, and by a Certain Deed of Exercise of Limited Power of Appointment Executed by ARNOLD MARCUS and Dated April 10, 1984.

Surrogate's Court, Nassau County.

March 28, 2002.

Attorney(s) appearing for the Case

Sordi & Sordi, Glen Cove, for Roberta D. Serota and others, appellants.

Roseman & Roseman, LLP, Melville (Gilbert Roseman of counsel), for Arnold Marcus, respondent.

Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP, Mineola (Terence Smolev of counsel), for Harvey Serota, respondent.

KMZ Rosenman, New York City (Jay W. Freiberg of counsel), for Gerald Rosenblum, petitioner.

McMillan, Rather, Bennett & Rigano, P.C., Melville (Donald J. Farinacci of counsel), guardiam ad litem, for unborn issue of Arnold Marcus and another.

Kaye, Scholer, Fierman, Hays & Handler, New York City (Arlene Harris of counsel), guardian ad litem, for unborn issue of Steven Serota.

OPINION OF THE COURT

JOHN B. RIORDAN, S.

The successor trustee of several lifetime trusts commenced a proceeding for advice and direction regarding the validity of several purported exercises of powers of appointment over the corpus of the trusts. By decision and order dated December 21, 2000, the court rendered its decision regarding the purported exercises of the powers of appointment in four of those trusts (Matter of Marcus, NYLJ, Jan. 3, 2001...

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