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MATTER OF LEVITT

11 Misc.3d 371 (2005)

812 N.Y.S.2d 805

In the Matter of the Accounting of JOSEPHINE LEVITT, as Executor of SOL LEVITT, Deceased, Cotrustee of the LINDA LEVITT TRUST and Three Other Trusts Created under the Will of ELEANOR LEVITT, Deceased.

Surrogate's Court, Nassau County.

December 23, 2005.

Attorney(s) appearing for the Case

Beldock Levine & Hoffman, New York City, for remaindermen.

Ruskin Moscou Faltischek, P.C., Uniondale, for petitioner.

Stroock & Stroock & Lavan, New York City, for estate of Sol Levitt.

OPINION OF THE COURT

JOHN B. RIORDAN, J.

In this accounting proceeding of four testamentary trusts under the will of the decedent, Eleanor Levitt, motions have been made for partial summary judgment by the objectant and a cross motion for partial summary judgment by the petitioner.

After leaving all of her tangible personal property and her residence to her husband, Sol Levitt, the decedent divided her estate into marital and nonmarital shares. The...

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