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IN THE MATTER OF HELLER

23 A.D.3d 61 (2005)

800 N.Y.S.2d 207

In the Matter of JACOB HELLER, Deceased. SANDRA DAVIS, Appellant-Respondent; HERBERT M. HELLER et al., Respondents-Appellants.

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

August 15, 2005.

Attorney(s) appearing for the Case

Greenfield Stein & Senior, LLP, New York City (Gary B. Friedman and Jeffrey H. Sheetz of counsel), for appellant-respondent.

Greenberg Traurig, LLP, New York City (Linda B. Hirschon of counsel), and Thacher Proffitt & Wood, LLP, White Plains (Kevin J. Plunkett and Darius P. Chafizadeh of counsel), for respondents-appellants.

ADAMS, J.P., SANTUCCI and MASTRO, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.

This appeal presents two novel issues with respect to the unitrust provisions of the Estates Powers and Trusts Law (see EPTL 11-2.4), which became effective on January 1, 2002. These changes to New York trust law, which have been characterized by one learned commentator as "sweeping" (Turano, Practice Commentaries, McKinney's Cons Laws of NY, Book 17B, EPTL 11-2.4,...

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