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IN THE MATTER OF STIEFEL

24 A.D.3d 994 (2005)

807 N.Y.S.2d 159

In the Matter of the Estate of WILLIAM W. STIEFEL, Deceased. KIMBERLY MESSER, as Administrator of the Estate of WILLIAM W. STIEFEL, Deceased, Appellant; FREDERICK W. STIEFEL et al., Respondents.

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

December 15, 2005.

MUGGLIN, J.

On October 17, 1996, Evelyn S. Dickerman (hereinafter the settlor) created the Evelyn S. Dickerman Revocable Living Trust. She named herself and her son, William W. Stiefel (hereinafter decedent), as cotrustees and conveyed title to her real property to the trust. At issue on this appeal is the proper construction of that portion of the trust document which concerns the real estate. Article VII (C) of the trust terms indicated that, if the property was...

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