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MATTER OF KOSMO FAMILY TRUST

533795.

207 A.D.3d 934 (2022)

172 N.Y.S.3d 501

2022 NY Slip Op 04603

In the Matter of the Kosmo Family Trust. Laura E. Knipe Wieland et al., Respondents; Donna Savino, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 14, 2022.

Attorney(s) appearing for the Case

Tabner, Ryan & Keniry, LLP, Albany (William F. Ryan Jr. of counsel), for appellant.

Whiteman Osterman & Hanna LLP, Albany (William S. Nolan of counsel), for respondents.

Egan Jr., J.P., Clark, Aarons and Fisher, JJ., concur.

In July 1994, Janet D. Kosmo (hereinafter decedent) and her husband, Joseph Kosmo, created the Kosmo Family Trust (hereinafter the trust), designating themselves as its settlors and trustees. The trust originally contained a provision directing that the trust estate be split in half following the death of both settlors, and that decedent...

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