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Decided on December 22, 2006
Sur Ct, Nassau County

343333
Ackerman Levine Cullen & Brickman 175 Great Neck Road Great Neck, NY 11021 (Attorneys for Petitioners) John B. Riordan, J.
This is a miscellaneous proceeding commenced by the co-trustees of two revocable trusts created by the decedent in 1993 and 2002, respectively. The petitioners have denominated their requested relief as one for reformation of the trust. The court notes, however, that the prayer for relief is more properly a request for a direction regarding the payment of insurance policies since the petitioners seek an order declaring that certain life insurance policies pass to the 2002 trust.
The decedent created The Edgar O. Appleby 1993 Revocable Trust by instrument dated December 21, 1993 between himself, as settlor, and his wife, Paula V. Appleby, and JPMorgan Chase Bank, N.A. as co-trustees (hereinafter "the 1993 trust"). The decedent amended the 1993 trust by instrument dated January 18, 2002. In addition, the decedent created The Edgar O. Appleby 2002 Revocable Trust between himself, as settlor, and his wife, Paula V. Appleby, and JPMorgan Chase Bank, N.A. as trustees by agreement dated September 26, 2002 (hereinafter "the 2002 trust").
Edgar died on May 9, 2005. Letters of Administration c.t.a. issued to his wife, Paula. Prior to his death, the decedent had purchased from Mass Mutual Life Insurance Company four life insurance policies insuring his life. The total face amount of the policies was $3,500,000.00. The decedent named the 1993 trust as the beneficiary of each policy, and the 1993 trust remained the beneficiary at the time of the decedent's death.
Petitioners contend that by creating the 2002 trust, the decedent intended to revoke the 1993 trust and have all assets over which he had dispositive control at his death, including the proceeds of the Mass Mutual policies, pass to the 2002 trust. In support of their application, petitioners attach a copy of a handwritten document entitled "Life Insurance Summary" prepared by the decedent in which he analyzed the face amounts of the four Mass Mutual policies. The decedent indicated that all four of the policies were payable to "Trust dated 9/26/02." In addition, the decedent's will dated February 10, 2005 directs that his residuary estate be paid to the trustees of the 2002 trust. The petitioners have also annexed to the petition a copy of a document prepared by the decedent entitled "General Comments and Last Words" dated April 1, 2005 wherein he states that "Paula's Trust" is the beneficiary of the Mass Mutual policies. Petitioners have also submitted the affidavit of the attorney who drafted the 2002 trust and the [*2]decedent's will. According to the attorney

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