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Background
This case was submitted to the Court fully stipulated
pursuant to Rule 122. The parties’ stipulation of facts, with
attached exhibits, is incorporated herein by this reference.
Eleanor R. Gerson (decedent) died testate on October 20,
2000. At the time of her death, decedent was domiciled in
Cleveland Heights, Ohio. Allan D. Kleinman was duly appointed
executor of decedent’s estate by the Probate Court for Cuyahoga
City, Ohio. At the time the petition was filed, Mr. Kleinman was
a resident of Cuyahoga County, Ohio, and in his capacity as
executor had a mailing address of 200 Public Square, Suite 2300,
Cleveland, Ohio 44114.
Decedent married Benjamin S. Gerson (Mr. Gerson) on November
6, 1938, and remained married to him until his death on July 22,
1973. Decedent and Mr. Gerson had four children and five
grandchildren.
On December 9, 1968, Mr. Gerson, as grantor, executed a
revocable trust agreement (the Benjamin Gerson Trust). On July
19, 1973, shortly before his death, Mr. Gerson amended the
Benjamin Gerson Trust for the last time (the Third amendment).
Upon Mr. Gerson’s death on July 22, 1973, the Benjamin Gerson
Trust, as amended, became irrevocable.
Article III, paragraph A of the Benjamin Gerson Trust, as
amended, provided for the division of the trust corpus into three
trusts. One of those trusts, Trust A, was a marital trust for
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