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IN THE MATTER OF MARTIN B.

17 Misc.3d 198 (2007)

841 N.Y.S.2d 207

In the Matter of the Construction of Agreements among MARTIN B., as Grantor, and MARTIN B. et al., as Trustees.

Surrogate's Court, New York County.

July 30, 2007.

Attorney(s) appearing for the Case

Milbank Tweed Hadley & McCloy, New York City (Jonathan Blattmachr of counsel), for trustees.

Mario M. Cuomo, guardian ad litem.

OPINION OF THE COURT

RENEE R. ROTH, S.

This uncontested application for advice and direction in connection with seven trust agreements executed on December 31, 1969 by Martin B. (the grantor) illustrates one of the new challenges that the law of trusts must address as a result of advances in biotechnology. Specifically, the novel question posed is whether, for these instruments, the terms "issue" and "descendants...

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