In re the Estate of Kneznek

Appeal from an order of the Surrogate’s Court of Albany County (Marinelli, S.), entered August 8, 2000, which partially denied petitioner’s motion for partial summary judgment.

In 1978, Eve N. Kneznek (hereinafter decedent) executed a “Trust Agreement” (hereinafter the 1978 agreement) creating a lifetime trust which provided for, inter alia, the payment of income to her for life and the distribution of the trust corpus upon her death, and named herself and her sister as cotrustees *699and reserved her right to revoke, alter or amend the trust. The 1978 agreement was amended twice by agreements…