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Wills, Trusts & Estates Keyed to Bonfield
Matter of Carniol
Citation:
861 N.Y.S.2d 587 (Surr. Ct. 2008)Facts
David Carniol died on March 2, 2005, and his will, dated August 26, 1998, was admitted to probate. Rhonda Carniol was appointed executor on May 23, 2005. Article fourth of the will bequeathed any cooperative apartment owned at his death to his wife, Diane Carniol, or if she predeceased him, to a trust for his granddaughter, Aimee Robin Carniol, for as long as she wished to reside there. Aimee would be responsible for expenses, and neither she nor the trustee would be liable for any decline in value. The trustee could sell the apartment with Aimee’s consent and reinvest proceeds in another residence under the same terms, with any excess proceeds added to the article fifth trust. Upon Aimee’s death, the apartment would be sold, and proceeds distributed to the article fifth trust, which provided income for Aimee and Steven Carniol during their lifetimes, with principal invasion permitted for their support. After their deaths, the trust would be distributed to the then-living descendants of the decedent’s brother. Diane predeceased David, and he was survived by Aimee, Steven, and a minor grandchild, April Carniol, a presumptive remainderman of the article fifth trust.
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