MATTER OF LINKER


23 A.D.3d 186 (2005)

803 N.Y.S.2d 534

In the Matter of the Estate of FREDERICK ROBERT LINKER, Deceased. JOAN LINKER HUFNAGEL, Respondent-Appellant; ELLEN LINKER MARTIN, Appellant-Respondent.

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

November 3, 2005.


In August 1985, Frederick Robert Linker established an irrevocable inter vivos trust that provided for all income to be distributed to him during his lifetime, with principal and undistributed income, if any, to be divided equally upon his death between his daughters, petitioner and respondent herein. All three were to serve as cotrustees. Any two of the three trustees could make investment decisions as well as bind the trust. Payments from principal for Linker's health and...

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