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IN THE MATTER OF SMATHERS

19 Misc.3d 337 (2008)

852 N.Y.S.2d 718

In the Matter of the Estate of ELMER ELLSWORTH SMATHERS, Deceased.

Surrogate's Court, Westchester County.

February 12, 2008.

Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City (Jeffrey Schwartz of counsel), for petitioner.

Kurzman Eisenberg Corbin & Lever, LLP, White Plains (Michael H. Friedman of counsel), for objectants.

Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, LLP, Scarsdale (James P. Reduto of counsel), guardian ad litem.

J. Henry Neale, Jr., White Plains, guardian ad litem.

Timothy Kresch, income beneficiary pro se.

OPINION OF THE COURT

ANTHONY A. SCARPINO, Jr., J.

This is a proceeding by JPMorgan Chase Bank, N.A. as trustee of the trust created under the will of Elmer Ellsworth Smathers (decedent) for construction and reformation of decedent's will and for advice and direction regarding the sale of real property held by the trust. The parties have filed a stipulation wherein they identify the papers to be considered on this application.

Decedent died testate...

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