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On March 13, 1998, Jo and Scott Haley Aronson each filed a
waiver and consent to the 1998 amended petition waiving service
and consenting in full to the relief requested in the 1998
amended petition.
On March 16, 1998, the Surrogate’s Court entered a decree
granting the relief sought in the amended petition (Surrogate’s
Court decree). The Surrogate’s Court construed the 1993 will to
require that all income of the trust be paid to Jo at least semi-
annually. The Surrogate’s Court further ordered and decreed:
that Article THIRD of the said Last Will and Testament
of CHARLES N. ARONSON be reformed to read as follows:
THIRD
A. In the event that my wife, JOSEPHINE R.
ARONSON, survives me, I give and bequeath an amount
equal to the exemption equivalent amount, as
hereinafter defined, to my Trustee hereinafter named,
IN TRUST, for the following uses and purposes:
1. My Trustee shall invest and reinvest the
same and shall collect and receive the income thereof
and, after deducting the necessary and proper expenses
therewith, shall pay over said net income to my wife,
JOSEPHINE R. ARONSON, in monthly, quarterly, or other
convenient payments of nearly equal amounts as possible
during her lifetime, provided, however, that in no
event shall such payments be made less frequently than
semi-annually.
2. I hereby authorize my Trustee, in his
sole discretion, in the event that both the principal
of the residuary trust and the principal of the reverse
Q-Tip trust shall at any time become exhausted, to
withdraw from the principal of this trust and pay over
to my said wife, JOSEPHINE R. ARONSON, or for her
benefit, such amount or amounts as may be deemed
necessary or desirable for medical, surgical, hospital,
nursing or other expenses relating to any illness of,
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