ESTATE OF HENRY C. MARKS, Deceased

ESTATE OF HENRY C. MARKS, Deceased (P1950/0020/I, K) — The present motion directly relates to five proceedings involving three trusts created by Henry C. Marks.1 Two of the trusts were established during Mr. Marks's lifetime, one in 1934 ("the 1934 trust") and the other in 1937 ("the 1937 trust"). The third trust was created under Mr. Marks's will, which was admitted to this court in 1950. By their terms, all three of the trusts terminated at the death of Mr. Marks's daughter, and their respective remainders are to be distributed in equal shares to Mr. Marks's grandchildren, Steven Levin and Eileen Robert, both of whom are co-trustees of each trust. Three of the present proceedings were commenced by Mr. Levin, seeking removal of Ms. Robert as a trustee of all three trusts. The other two proceedings relate, respectively, to the 1937 trust and the testamentary trust and were commenced by Ms. Robert, seeking information from Mr. Levin or, in the alternative, his removal as trustee of the two trusts.

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ESTATE OF HENRY C. MARKS, Deceased (P1950/0020/I, K) — The present motion directly relates to five proceedings involving three trusts created by Henry C. Marks.¹ Two of the trusts were established during Mr. Marks’s lifetime, one in 1934 (“the 1934 trust”) and the other in 1937 (“the 1937 trust”). The third trust was created under Mr. Marks’s will, which was admitted to this court in 1950. By their terms, all three of the trusts terminated at the death of Mr. Marks’s daughter, and their respective remainders are to be distributed in equal shares to Mr. Marks’s grandchildren, Steven Levin and Eileen Robert, both of whom are co-trustees of each trust. Three of the present proceedings were commenced by Mr. Levin, seeking removal of Ms. Robert as a trustee of all three trusts. The other two proceedings relate, respectively, to the 1937 trust and the testamentary trust and were commenced by Ms. Robert, seeking information from Mr. Levin or, in the alternative, his removal as trustee of the two trusts.

As movant, Ms. Robert asks this court to transfer to Supreme Court (Kings County) the proceeding in which Mr. Levin seeks her removal as trustee of the 1934 trust (File No. P1950/0020/E). In the alternative, movant asks this court to transfer all five of the proceedings in which she and Mr. Levin seek relief against each other as trustees (File Nos. P1950-0020/D, E, F, G/L, and K/I). The purported basis for the motion is section 207 of the Surrogate’s Court Procedure Act. In relevant part, that statute provides as follows:

ESTATE OF HENRY C. MARKS, Deceased

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