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MTR. OF REYNOLDS 1995 TRUST

12 Misc.3d 214 (2006)

820 N.Y.S.2d 430

In the Matter of the JAN REYNOLDS 1995 REVOCABLE LIVING TRUST.

Surrogate's Court, Bronx County.

March 10, 2006.

Attorney(s) appearing for the Case

Bashian, Farber & Parker, LLP (James G. Yastion of counsel), for petitioner.

Blank Rome LLP (Lawrence M. Rosenstock and Michelle Gitlitz Courtney of counsel), for respondents.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

The petitioner, who is the son of the deceased grantor and his first wife, seeks to construe article SECOND (A) (2) of the above trust as granting to the decedent's surviving spouse, his second wife, a "right of occupancy" at the "Grantor's residence property" (a private house in Riverdale) rather than a life estate. This paragraph of the trust provides that upon the grantor...

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