Legal Opinion

In re the David Wolfenson 1999 Trust

New York Surrogate's Court

Decided July 17, 2017Published

1Opinion of the Court

OPINION OF THE COURT

Barbara Howe, J.

David Wolfenson died on November 2, 2005. David was the grantor of a trust, dated December 14, 1999, which was amended by him on June 29, 2001 (the first amendment to the David Wolfenson Living Trust), and which he amended again on July 1, 2002 (the second amendment to the David Wolfen-son Living Trust).1

Article THIRD of the trust provides that, if the net remaining assets are not effectively “appointed” by David on or before the date he dies, those assets are to be distributed: “equally among the class of individuals consisting solely of [David’s]…

2Cases cited20 opinions

  1. Dunham v. Hilco Construction Co.New York Court of Appeals · 1996
  2. In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
  3. In re the Estate CordNew York Court of Appeals · 1983
  4. Congregation Yetev Lev D'Satmar, Inc. v. KahanaNew York Court of Appeals · 2007
  5. In re Construction of the Will of GulbenkianNew York Court of Appeals · 1961

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