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THE 1991 REVOCABLE TRUST CREATED BY LEWIS T. PRESTON, Grantor

1996-494/A MATTER OF THE 1991 REVOCABLE TRUST CREATED BY LEWIS T. PRESTON, Grantor — At the call of the calendar on October 23, 2012, the court granted the petition of Lucile Herbert, pursuant to SCPA 2102(1), to the extent that JPMorgan Chase Bank, N.A. and Linda Bartlett Miller, as trustees of the Lewis T. Preston 1991 Revocable Trust, are directed to deliver a copy of the trust agreement to petitioner.

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1996-494/A MATTER OF THE 1991 REVOCABLE TRUST CREATED BY LEWIS T. PRESTON, Grantor — At the call of the calendar on October 23, 2012, the court granted the petition of Lucile Herbert, pursuant to SCPA 2102(1), to the extent that JPMorgan Chase Bank, N.A. and Linda Bartlett Miller, as trustees of the Lewis T. Preston 1991 Revocable Trust, are directed to deliver a copy of the trust agreement to petitioner.

The trustees’ motion to dismiss the petition on the grounds of lack of standing and expiration of the statute of limitations was denied. By disposing of property to the trust, the grantor’s will may be in violation of an agreement of which petitioner is a third party beneficiary. She has standing to request a copy of the trust to determine whether her contract rights have been breached. Movants’ argument that the relief is barred by the statute of limitations is rejected, because the argument goes to the merits of the underlying dispute, not to the request for information which is the subject of this proceeding.

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