Appendix II. Matter of Owen

• Author: Seymour Goldberg
• Profession: Senior partner in the law firm of Goldberg & Goldberg, PC in Woodbury, New York
• Pages: 119-123

APPENDIX II

MATTER OF OWEN

DECIDED ON SEPTEMBER 18, 2012

SUR CT, NASSAU COUNTY

119

(This case involves a petition to direct that the optimal unitrust provi-

sions apply to the trust instead of the provisions of the Uniform Principal

and Income Act.)

In the Matter of the Petition of Margaret O. Carpenter and Stephen C.

Owen, Jr., as Trustees of the Trust Created f/b/o Margaret O. Van Rensse-

laer by Article Fifth of the Last Will and Testament of Katherine J. Owen,

Deceased, Seeking a Decree Directing that Optional Unitrust Provision under

EPTL 11–2.4, but not the Provisions of EPTL 11-A, Shall Apply to Said Trust.

SNR Denton US LLP(for Petitioners)

1221 Avenue of the Americas

New York, NY 10020

Edward W. McCarty, J.

In this uncontested miscellaneous proceeding for advice and direction, a

petition has been led by Margaret O. Carpenter and Stephen C. Owen,

Jr., as trustees of the trust created for the benet of Margaret O. Carpen-

ter [FN1] by Article Fifth of the Last Will and Testament of Katherine J.

Owen. Petitioners seek a decree directing that the optional unitrust pro-

vision under EPTL 11–2.4, but not the provisions of EPTL 11-A, apply

retroactively to said trust.

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