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New York County, Surrogate's Court: April 4, 2024

Decision and Orders & Decree and Orders signed:March 18 - April 1, 2024

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Decision and Orders signed: March 28 & 29, 2024 Surrogate Gingold

ESTATE OF JOE WEINSTEIN, Deceased (P1963-2259/C) — Before the court are two motions in connection with the settlement of the intermediate account of Lloyd J. Shulman (Trustee or Petitioner), as trustee of the trust under article sixth of the will of Joe Weinstein for the benefit of Gail Shulman Koster (Trust). The Trustee moves for partial summary judgment (CPLR 3212)1 dismissing certain objections of Jonathan Koster (Objectant or Jonathan), a presumptive remainder beneficiary. Shortly after the Trustee’s motion was sub judice, Jonathan submitted a motion to compel discovery. For the reasons stated herein the court denies both motions. Decedent died testate in 1953. His will, admitted to probate on August 5, 1965, created a trust for the life benefit of his granddaughter, Gail Shulman Koster. Upon Gail’s death, the trust remainder is distributable to Gail’s issue, Melinda Koster and Jonathan Koster. Letters of Trusteeship issued to Max Shulman, Sylvia Shulman, and Lloyd J. Shulman on August 8, 1965. Max died in 2001 and Sylvia died in 20122. Lloyd, as surviving Trustee, filed an intermediate account for the period covering December 19, 1973, to June 30, 2016. Objections to the account were filed by Jonathan. Melinda and Gail executed releases, wherein, inter alia, they consent to the account as filed.

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