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WILL OF CHARLES A. VAN PATTEN, Deceased

WILL OF CHARLES A. VAN PATTEN, Deceased (88/2966.2) — In this accounting proceeding brought by JPMorgan Chase Bank, N.A., as trustee of a trust under the will of Charles A. Van Patten, the trustee moves to dismiss objections filed by Carol Van Patten as executor of the estate of Philip Van Patten, who was an income beneficiary of the trust.

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WILL OF CHARLES A. VAN PATTEN, Deceased (88/2966.2) — In this accounting proceeding brought by JPMorgan Chase Bank, N.A., as trustee of a trust under the will of Charles A. Van Patten, the trustee moves to dismiss objections filed by Carol Van Patten as executor of the estate of Philip Van Patten, who was an income beneficiary of the trust.

Charles Van Patten died on June 3, 1988, leaving a will which was admitted to probate in this court. In Article Tenth of the will, Charles created a residuary trust primarily for the benefit of his issue. The trust provides that 25 percent of the income be paid to Charles’s three children during their respective lifetimes; and that the remaining 25 percent be paid to Charles’s three grandchildren, all children of one of his sons. Upon the death of each child, his or her income interest is added to the grandchildren’s interest. Upon the death of a grandchild, his or her interest is to be added to that of any child then living, or to that of the surviving grandchildren. Upon the death of the last to die of the six named beneficiaries, the trust is to terminate and the principal is to be paid to Charles’s issue then living, or, in the absence of any such issue, to a hospital. The trustee has served since the trust’s inception.

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