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MATTER OF GALLET

196 Misc.2d 303 (2003)

765 N.Y.S.2d 157

In the Matter of the Trust Under Agreement of JEFFRY H. GALLET, Grantor.

Surrogate's Court, New York County.

April 30, 2003.

Attorney(s) appearing for the Case

Gallet Dreyer & Berkey, LLP, New York City (Seymour D. Reisch of counsel), for David L. Berkey, petitioner.

Ann J. Pinciss, New York City, for Bonnie C. Gallet, respondent.

Karen Goldberg Sager, Brooklyn, guardian ad litem.

OPINION OF THE COURT

EVE PREMINGER, S.

In this accounting proceeding, the trustee of decedent's irrevocable inter vivos trust seeks advice and direction permitting him to pay one of the debts of decedent's estate, a debt owing to his surviving wife. The trustee's claim of authority to pay the debt rests on a provision in the trust agreement that gives him discretionary power to pay estate debts if probate assets...

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