Legal Opinion

In re Harmon

New York Surrogate's Court

Decided August 23, 1999PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Renee R. Roth, S.

*925The issue in this proceeding is whether the Surrogate’s Court has jurisdiction to terminate a lifetime charitable trust under EPTL 8-1.1 (c) (2) which permits such trusts with assets of $100,000 or less to be terminated under certain circumstances.

By agreement dated December 16, 1921, William E. Harmon (who died in 1928) established a charitable trust for the income benefit of The Civic Trust of Lebanon, a not-for-profit Ohio corporation. Based upon the impracticality of maintaining this $44,000 trust, the trustee requests permission to distribute the…

2Cases cited8 opinions

  1. Abate v. MundtSupreme Court of the United States · 1971
  2. New York State Bankers Ass'n v. AlbrightNew York Court of Appeals · 1975
  3. Finger Lakes Racing Ass'n v. New York State Racing & Wagering BoardNew York Court of Appeals · 1978
  4. Rust v. ReyerNew York Court of Appeals · 1998
  5. Abate v. MundtNew York Court of Appeals · 1969

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3Cited by1 opinion

  1. In re the Judicial Settlement of the Final Account of Proceedings of Fleet National BankNew York Supreme Court · 2008

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