Legal Opinion

In re Trust for the Benefit of Adler

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 2010Published

1Opinion of the Court

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered October 5, 2009, which, upon reconsideration, adhered to an interpretation of the parties’ settlement stipulation as requiring respondent to pay petitioner the $35,000 differential in the value of two parcels of property from her own personal funds, rather than from trust funds, unanimously reversed, on the law, without costs, and it is directed that the $35,000 be paid from trust funds.

The trust instrument unambiguously required the trustee to divide principal distributions into “equal parts” and gave the trustee…

2Cases cited4 opinions

  1. In Re Estate of WallensNew York Court of Appeals · 2007
  2. Rosner v. CaplowAppellate Division of the Supreme Court of the State of New York · 1982
  3. Rosner v. CaplowNew York Court of Appeals · 1983
  4. Matthews v. Cadwalader, Wickersham & Taft, LLPAppellate Division of the Supreme Court of the State of New York · 2009

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