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ESTATE OF HARRISON J. WEISNER, Grantor (04/1974/B) — Harrison J. Weisner, mandatory income beneficiary and discretionary principal beneficiary of an irrevocable trust created under an agreement dated June 17, 1987, between Harrison J. Weisner, grantor, and Ira L. Slade and Arthur Lubell, trustees, has asked the court to convert the trust to a unitrust, retroactive to January 1, 2015 (see EPTL 11-2.4 [e] [2] [B]). Successor co-trustee Melvin Ginsberg, having withdrawn the objections of his predecessor, Murray T. Koven, on May 5, 2017, and presumptive remainder beneficiary, Jessica L. Fieber, having withdrawn her objections on May 17, 2017, and Melvin Ginsberg having withdrawn on June 21, 2017, the motion to quash a subpoena and for a protective order which he had filed in his individual capacity, the petition is now uncontested and ripe for determination.

A statutory presumption, that the provisions of EPTL 11-2.4 should apply whenever unitrust conversion is sought, favors petitioner (see EPTL 11-2.4 [e] [5] [B]). In addition, petitioner — who is also the creator of the trust — has represented to the court that he has considered the relevant factors (see EPTL 11-2.4 [e] [5] [A]). After its own consideration of all relevant factors, the court grants the petition (see Matter of Weisner, NYLJ, Aug. 27, 2009, at 36, col 6).

 
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