MATTER OF SUKENIK

20A/14, 6950, 6949.

162 A.D.3d 564 (2018)

75 N.Y.S.3d 422

2018 NY Slip Op 04658

In the Matter of Charles Sukenik, Deceased. Vivian J. Sukenik, Appellant.

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

Decided June 21, 2018.


The petition should have been granted. Decedent's intent to minimize taxes and provide for his wife of 39 years was apparent in the donative instruments. The Will and Trust agreements demonstrated his intent to take full advantage of all deductions and exemptions provided by law. For example, Article One, paragraph C of the Trust agreement specifically stated that the Trust funds could be transferred to the philanthropic fund only if it was a tax exempt entity, and Article...

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