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VINCENT J. CASTELLUCCI TRUST

MATTER OF VINCENT J. CASTELLUCCI TRUST (78/1042/A) — This is a proceeding for a compulsory accounting and related relief pursuant to SCPA 2205. Pursuant to CPLR 3211 (a) (3), respondents Ann Castellucci (Ann) and Allen Ross (Allen) move to dismiss the petition on the ground that the petitioner lacks standing to maintain the proceeding. Ann and Allen are the co-trustees of the Vincent J. Castellucci Irrevocable Trust dated September 22, 1975 (Trust). Petitioner, Laura Castellucci (Laura), is the daughter of the late Vincent J. Castellucci (the settlor) and Ann, his wife. For the reasons set forth below, the motion to dismiss is denied.

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MATTER OF VINCENT J. CASTELLUCCI TRUST (78/1042/A) — This is a proceeding for a compulsory accounting and related relief pursuant to SCPA 2205. Pursuant to CPLR 3211 (a) (3), respondents Ann Castellucci (Ann) and Allen Ross (Allen) move to dismiss the petition on the ground that the petitioner lacks standing to maintain the proceeding. Ann and Allen are the co-trustees of the Vincent J. Castellucci Irrevocable Trust dated September 22, 1975 (Trust). Petitioner, Laura Castellucci (Laura), is the daughter of the late Vincent J. Castellucci (the settlor) and Ann, his wife. For the reasons set forth below, the motion to dismiss is denied.

On September 22, 1975, the settlor created the Trust to transfer life insurance policies and certain other assets of his estate for the benefit of Ann and his issue. The Trust instrument names Ann as trustee, and provides in ARTICLE II that, during the settlor’s life, the trustee “shall pay or apply all of the net income of this trust to or for the benefit of the Settlor’s issue, in equal shares, per stirpes…”. ARTICLE III provides that after the settlor’s death, the trustees will pay Ann, as the settlor’s wife, as much of the net income and principal of the Trust, at such times and in such amounts as the Disinterested Trustee in his sole discretion deems advisable.

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