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MATTER OF ADLER

3764, 102112/08.

79 A.D.3d 426 (2010)

910 N.Y.S.2d 907

In the Matter of a Trust for the Benefit of ERNA ADLER. STEPHEN ADLER, Respondent. RENATA ADLER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 2, 2010.

The trust instrument unambiguously required the trustee to divide principal distributions into "equal parts" and gave the trustee discretion to allot trust assets among remainderman shares to fulfill this requirement (see Matter of Matthews Trust No. 1, 61 A.D.3d 511, 512 [2009], lv denied 13 N.Y.3d 702 [2009]). The trust provisions are not altered by the parties' stipulation of...

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