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IN THE MATTER OF JENNINGS

6 A.D.3d 867 (2004)

775 N.Y.S.2d 119

In the Matter of the Estate of BETTINA JENNINGS, Deceased. CHARLES M. TOMASELLI, as Executor of BETTINA JENNINGS, Deceased, and as Successor Trustee of the Trusts Created Under the Last Will and Testament of LENA MANKOWSKI, Deceased, Appellant; ATTORNEY GENERAL OF THE STATE OF NEW YORK et al., Respondents.

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

April 8, 2004.

Kane, J.

Lena Mankowski died testate in 1949. Her will created two trusts, one benefitting her daughter and the other benefitting the daughter's children. Upon the daughter's death, the trust for her benefit was to be divided into trusts benefitting the daughter's children. As relevant here, each trust benefitting the daughter's children paid income to that child during the child's lifetime and, upon termination, paid the...

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