Legal Opinion
In re Rosoff
New York Surrogate's Court
Decided December 23, 1996Published
1Opinion of the Court
OPINION OF THE COURT
Renee R. Roth, S.
The issue in this proceeding seeking to invade principal of an inter vivos trust is whether unborn contingent remainder-*1030men are "persons beneficially interested”, whose consent is required under the governing statute, EPTL 7-1.6 (a).
Katharine Burden, now deceased, created this trust in 1935 for the life income benefit of her husband. The trust agreement provides that upon the husband’s death (which occurred in 1978) the trust continues for the life income benefit of settlor’s three children with one third of the remainder distributed on the death of each…
2Cases cited4 opinions
- In re DodgeNew York Court of Appeals · 1969
- Smith v. Title Guarantee & Trust Co.New York Court of Appeals · 1942
- In re the Amendment to a Trust Agreement between Peabody & DunningtonNew York Court of Appeals · 1959
- In re the Estate of BrossNew York Surrogate's Court · 1995