In re Carpenter

OPINION OF THE COURT

Edward W. McCarty III, J.

In this uncontested miscellaneous proceeding for advice and direction, a petition has been filed by Margaret 0. Carpenter and Stephen C. Owen, Jr., as trustees of the trust created for the benefit of Margaret O. Carpenter* by article fifth of the last will and testament of Katherine J. Owen. Petitioners seek a decree directing that the optional unitrust provision under EPTL 11-2.4, but not the provisions of EPTL article 11-A, apply retroactively to said trust.

Background

Katherine J. Owen died in 1974, a resident of Nassau County. Decedent’s will,…