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MATTER OF CLAMAN

1708-1924

31 Misc.3d 852 (2011)

919 N.Y.S.2d 810

In the Matter of the Estate of HENRY CLAMAN, Deceased.

Surrogate's Court, New York County.

Decided March 7, 2011.

Attorney(s) appearing for the Case

Krass, Snow & Schmutter, P.C., New York City ( Walter W. Regel of counsel), for petitioner.

OPINION OF THE COURT

KRISTIN BOOTH GLEN, S.

Hope A. Geller, as trustee of the trust for the benefit of Gladys C. Luria under the will of Henry Claman, has petitioned for a construction of ARTICLE THIRD to determine the identity of the trust's remainder beneficiaries. This proceeding and the facts presented provide an apparently novel opportunity to limit the draconian provisions of the now repealed "precautionary addendum," which acts to deprive certain...

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