Estate of Martin J. Machat, Deceased, Avril Giacobbi and Eric R. Sklar, Executors - Page 3

                                                - 3 -                                                   

            decedent's will was contested, on July 8, 1988, the New York                                
            County Surrogate's Court, pursuant to N.Y. Surr. Ct. Proc. Act                              
            section 902 (McKinney 1994), appointed Harvey E. Corn (Mr. Corn)                            
            to serve as the estate's temporary administrator.                                           
                  Decedent's assets included a $1,082,292 interest in the Plan                          
            and Trust, which had been established by M.J. Machat Management                             
            Corp., effective August 28, 1978.  The Plan and Trust was a                                 
            qualified plan under section 401(a), and decedent was the sole                              
            participant and the sole trustee at all times before his death.                             
            The estate has not located a form designating a beneficiary of                              
            decedent's interest in the Plan and Trust, and thus decedent's                              
            interest therein is to pass under the terms of the Plan and Trust                           
            document.  These terms are:                                                                 
                  In the event a Participant fails to designate a                                       
                  Beneficiary in writing, or the Beneficiary and the                                    
                  contingent Beneficiary predecease the Participant, the                                
                  Participant's surviving spouse shall be deemed the                                    
                  Beneficiary.  If there is no surviving spouse, the                                    
                  benefits shall be paid to the Participant's surviving                                 
                  issue per stirpes.  If there are no surviving issue,                                  
                  the benefits shall be paid pursuant to the intestacy                                  
                  laws of the Participant's domicile.                                                   
                  During decedent's life, the assets of the Plan and Trust                              
            were held by Bankers Trust Co. of New York (custodian).  Shortly                            
            after his appointment, Mr. Corn requested that the custodian                                
            transfer the assets of the Plan and Trust to him.  The custodian                            
            refused to transfer the assets until it received M.J. Machat                                
            Management Corp.'s corporate resolution authorizing such an                                 





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011