Boehner v. Delaunay

Order, Surrogate’s Court, New York County (Nora S. Ander*478son, S.), entered on or about April 21, 2011, which denied petitioners’ motion for summary judgment seeking a determination that the two adopted children of E. MacGregor Strauss (MacGregor), deceased, are the sole remainder beneficiaries of a trust created for MacGregor from a share of a trust created by MacGregor’s grandmother, Anne Archbold, unanimously affirmed, without costs.

On October 5, 1957, Anne Archbold created an irrevocable trust for the lifetime benefit of her daughter Lydia A. Foote. The trust provided that, upon the death…