- 2 -
32996-88.
Joseph M. Persinger, Jonathan G. Blattmachr, and
Jessica A. Feder, for petitioners.
Jill A. Frisch, Howard J. Berman, Steven Winningham,
and Robert B. Marino, for respondent.
MEMORANDUM FINDINGS OF FACT AND OPINION
WHALEN, Judge: Pursuant to Rule 121, this matter is
before the Court on petitioners' motion for partial summary
judgment and respondent's cross-motion for partial summary
judgment. The motions raise three issues: (1) Whether
Honore V. de St. Aubin, as the income beneficiary of both
the marital trust and the residuary trust to be established
under her husband's will, possessed a claim to a portion of
the proceeds from the sale of certain stock holdings of his
estate; (2) whether the marital trust established for the
benefit of Honore V. de St. Aubin is entitled to share in
the appreciation of the undistributed assets of her
husband's estate; and (3) whether Honore V. de St. Aubin
or her estate had a right to compel funding of the marital
trust with interest at the legal rate. At issue are
purported claims of decedent and her estate against her
husband's estate and against the trusts established under
her husband's will, which was executed in 1966. If any of
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