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IN THE MATTER OF BOYER

2009-97672/E.

2012 NY Slip Op 50987(U)

IN THE MATTER OF TRUST UNDER ARTICLE SECOND OF THE WILL OF KATHARINE J. BOYER, DECEASED.

Surrogate's Court, Dutchess County.

Decided May 31, 2012.

Attorney(s) appearing for the Case

ALLAN B. RAPPLEYEA, ESQ. , CORBALLY, GARTLAND & RAPPLEYEA, LLP, 35 Market Street, Poughkeepsie, New York 12601, Attorneys for Petitioners PETER BOYER and MARION BOYER.

RICHARD R. DuVALL, ESQ. , McCABE & MACK, LLP, 63 Washington Street, P.O. Box 509, Poughkeepsie, New York 12602-0509, Attorneys for BARBARA STRICKLAND.

CYNTHIA R. ROSENZWEIG, ESQ. , VAN DeWATER & VAN DeWATER, LLP, P.O. Box 112, Poughkeepsie, New York 12602, Attorneys for CAROL STRICKLAND.

JAMES D. PAGONES, J.

Peter Hill Boyer and Marion Boyer, two of the three trustees of the trust under Article Second of the Will of Katharine J. Boyer, petition pursuant to SCPA §2107 for advice and direction regarding the following: (1) approval of the listing for sale of real property owned by the trust; (2) a determination that two of the three trustees may take such action over any objection of the third; and (3) a determination that Barbara Strickland has...

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