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MATTER OF RUBIN

4 Misc.3d 634 (2004)

781 N.Y.S.2d 421

In the Matter of the Trust under Agreement with SYLVIA U. RUBIN, Settlor. In the Matter of the Trusts under Agreements with KATHARINE H. MORTIMER, Settlor.

Surrogate's Court, New York County.

June 7, 2004.

Attorney(s) appearing for the Case

Becker, Glynn, Melamed & Muffly LLP, New York City, for Bankers Trust Co. of New York and another, petitioners in first above-entitled proceeding.

Christopher J. Lagno, New York City, guardian ad litem in first above-entitled proceeding.

McLaughlin & Stern, LLP, New York City, for Huyler C. Held and others, petitioners in second above-entitled proceeding.

Morton L. Price, New York City, guardian ad litem in second above-entitled proceeding.

OPINION OF THE COURT

EVE PREMINGER, S.

These are two independent applications, decided together, concerning inter vivos trusts for beneficiaries with long-term disabilities. All of the trusts involved were created before supplemental needs trusts were specifically authorized either by case law or by statute. In each of the proceedings, petitioners ask for reformation to conform the instruments' terms to the statutory requirements for supplemental needs trusts...

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