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Matter of Estate of Warnecke

Trustees Granted Petition to Split Trust Into Separate Shares Along Family Lines

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DECISION

*1 This is an application pursuant to EPTL 7-1.13 by Bank of America, N.A., and Robert W. Brundige, Jr., as co-trustees of the trust under Article SEVENTH (B) of the will of George W. Warnecke (decedent), for permission to split the trust along family lines into two separate shares. Petitioners allege that division is appropriate because of the disparity in the needs of the two family branches, and to maintain family harmony.The single trust as now constituted has a value of approximately $22 million. Fixed amounts of income are payable annually, per capita, to those descendants of decedent’s niece, Georgianna, who are over the age of twenty-one, with principal distributions in fixed amounts at ages twenty-five, thirty, and thirty-five. The trustees are authorized to make additional distributions in their discretion to Georgianna’s descendants of any age for their support, maintenance, education, emergencies, or general welfare. The trust terminates on the death of the survivor of Georgianna’s descendants who were living at decedent’s death, and then becomes payable to her living descendants, per stirpes.Georgianna died in 2003 survived by two children, both of whom are living. One of her children, Karen, has two adult children and four grandchildren, all of whom are minors. Georgianna’s other child, Shirley, has two adult children and no grandchildren. Because of the

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