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IN THE MATTER OF CONSTRUCTION AND EFFECT OF THE REVOCABLE TRUST AGREEMENT

20 Misc.3d 383 (2008)

858 N.Y.S.2d 572

In the Matter of the CONSTRUCTION AND EFFECT OF THE REVOCABLE TRUST AGREEMENT DATED NOVEMBER 9, 2001 by LUCILE M. KRAMER.

Surrogate's Court, Nassau County.

May 14, 2008.

Attorney(s) appearing for the Case

Andrew M. Cuomo, Attorney General, New York City, for ultimate charitable beneficiaries.

Maryknoll Sisters, respondent pro se.

Maryknoll Lay Missionaries, respondent pro se.

Spellman Rice Schure Gibbons McDonough & Polizzi, Garden City, for Lucile C. Kramer, as trustee and executor.

Maryknoll Fathers and Brothers, respondent pro se.

OPINION OF THE COURT

JOHN B. RIORDAN, J.

This is a petition for construction of an inter vivos trust executed on November 9, 2001. The settlor is deceased.

ARTICLE FOURTH of the trust provides for distribution of the assets upon the death of the settlor, in part:

"C. The remaining property shall be distributed as follows: "(1) Fifteen percent (15%) thereof to MARYKNOLL, Maryknoll, New York; "(2) Ten percent (10%) thereof...

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