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IN THE MATTER OF MONAHAN

272904.

2008 NY Slip Op 51543 (U)

IN THE MATTER OF THE ESTATE OF JOSEPH MICHAEL MONAHAN, Deceased, compelling the trustees of the trust under the will of the decedent to make payments pursuant to the terms of the trust and compelling the trustees to reverse mortgage property belonging to the trust.

Surrogate's Court of the City of New York, Nassau County.

Decided June 30, 2008.

Attorney(s) appearing for the Case

John Newman, Esq. (attorney for Margaret Monahan Smith & Mary Jayne Miller), Huntington, NY.

Harris Beach, PLLC (attorney for James Monahan), Syracuse, NY.

Brian R. Heitner, Esq. (attorney for Mary Monahan), Jericho, New York.

JOHN B. RIORDAN, J.

Before the court is a petition brought by Mary Monahan, the surviving spouse of Joseph Michael Monahan. Mary is the lifetime beneficiary of a credit shelter trust created under decedent's last will and testament, and she and the trust share a tenancy in common in the residential real property in which petitioner resides. Petitioner asks that her children, Margaret Smith and James Monahan, as co-trustees of the trust, be compelled to distribute...

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