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ESTATE OF BERNARD LERMER, Deceased

ESTATE OF BERNARD LERMER, Deceased (09/35/A) — Within the context of the underlying proceedings to remove trustees of subject trust, petitioner moves for summary judgment seeking to remove his co-trustees as a matter of law. Respondents oppose the instant motion and ask for removal of petitioner, although they have not crossed moved for such relief. Lastly, the guardian ad litem appointed to represent the interests of the lifetime beneficiary of the trust, has moved to suspend the trustees immediately, while the court considers their removal and ultimately appointment of a corporate trustee to administer the trust.

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ESTATE OF BERNARD LERMER, Deceased (09/35/A) — Within the context of the underlying proceedings to remove trustees of subject trust, petitioner moves for summary judgment seeking to remove his co-trustees as a matter of law. Respondents oppose the instant motion and ask for removal of petitioner, although they have not crossed moved for such relief. Lastly, the guardian ad litem appointed to represent the interests of the lifetime beneficiary of the trust, has moved to suspend the trustees immediately, while the court considers their removal and ultimately appointment of a corporate trustee to administer the trust.

Decedent died on March 17, 2009 survived by a spouse and three issue. Prior to his death, on February 24, 1987, decedent and his wife, Ann Lermer, created lifetime trusts. Those trusts have been amended and restated over the years, most recently February 24, 2009. Pursuant to the terms of the most recent trust indenture, decedent and his wife merged their trusts to create the “Lermer Family Trust” in which each held equal but separate share. Upon the death of the first spouse, his or her share would be further divided into two shares, one being a credit shelter trust and the other containing the remainder of the corpus. Petitioner and respondents are co-trustees of these trusts.

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