Preview
FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022
EXHIBIT M
FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020
NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022
Philip J. Michaels F I LE D
SURROGATE'S COURT
Fulbright & Jaworski LLP
666 Fifth Avenue
New New York 10103 JUL 8 2014
York,
Telephone: 212-318-3000
WESTC TE NTY
Telecopier: 212-318-3400
Attorneys For Petitioner Berrin Tekiner
STATE OF NEW YORK
SURROGATE'S COURT: COUNTY OF WESTCHESTER
________---.__.__....---------------------_____-__._____________Ç
: VERIFIED PETITION
In the Matter of the Application for the :
Resignation of AYDIN CAGINALP as Trustee of :
the Trust created under Article : File No. -
0
NINTH of the Last Will and Testament of :
:
SAMI TEKINER, :
:
Deceased. :
And for the Appointment of YUKSEL FEDAYI :
as Successor co-Trustee of the Trust :
_________________________________.-_.___________________________Ç
TO THE SURROGATE'S COURT OF T‰E COUNTY OF WESTCHESTER:
78th
This petition of BERRIN TEKINER, residing at 40 East
York, NY 10075, (the "Petitioner"), respectfully states:
1. SAMI TEKINER (the "Decedent") died on March 3, 1994, leaving a last will and
"Will,"
testament dated November 18, 1988 (the a copy of which is annexed hereto as Exhibit
"A"
and made a part hereof), which was duly admitted to probate in the Surrogate's Court of
Westchester County on October 17, 1994.
2. Pursuant to the provisions of Article NINTH of the Will, a trust is created for the
benefit of the Decedent's wife, BERRIN TEKINER, for her life (hereinafter the "Trust").
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3. Pursuant to the provisions of Article FOURTEENTH of the Will, the Decedent
named BERRIN TEKINER and AYDIN S. CAGINALP to serve as co-trustees of the Trust.
Letters of Trusteeship were duly issued by this Court to BERRIN TEKINER and AYDIN S.
CAGINALP as trustees of the Trust on October 17, 1994.
4. Pursuant to an instrument of Resignation of Trustee dated April 16, 2014, AYDIN
S. CAGINALP has resigned as a Trustee of the Trust. A copy of the instrument of Resignation
"B"
of Trustee of AYD1N S. CAGINALP is annexed hereto as Exhibit and made a part hereof.
5. Pursuant to the provisions of Article FOURTEENTH of the Will, the Decedent
authorized each Trustee to designate, by a written instrument, filed with this court, successor
trustees to serve in the event that any Trustee named in the Will ceases to act as Trustee of the
Trust.
6. Pursuant to an instrument of Appointment and Acceptance of Successor Trustee
dated June 11, 2014, BERRIN TEKINER appointed YUKSEL FEDAYI to serve as successor
Trustee of the Trust in the place and stead of AYDIN S. CAGINALP, and YUKSEL FEDAYI
has accepted her designation as a co-trustee of the Trust to serve in conjunction with BERRIN
TEKINER. A copy of the instrument of Appointment and Acceptance of Successor Trustee is
"C"
annexed hereto as Exhibit and made a part hereof, and the original of such instrument is
being filed herewith. A copy of YUKSEL FEDAYI's Oath and Designation is annexed hereto as
"D"
Exhibit and made a part hereof, and the original of such instrument is being filed herewith.
7. The Trust owns real estate in New York City valued in excess of $20,000,000.
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8. Petitioner hereby seeks the revocation of the Letters of Trusteeship previously
issued to BERRIN TEKINER and AYDIN S. CAGINALP and the issuance of Letters of
Trusteeship to BERRIN TEKINER and YUKSEL FEDAYl.
9. YUKSEL FEDAYI is duly qualified to act without security. Pursuant to the
provisions of Article SIXTEENTH of the Will, the Decedent directed that no bond or other
security be required of any trustee serving under the Will.
10. The names and post office addresses of all persons interested in this proceeding
and their respective interests are as follows:
Name and Address Relationship to Decedent Nature of Interest
Berrin Tekiner Wife Petitioner; Co-Trustee of the Trust,
78th
40 East Street, Apt. 4H Lifetime income and discretionary
New York, NY 10075 principal beneficiary of the Trust.
Gonja Hedi Hartmann Daughter Presumptive remainderman of a
Tekiner one-third share of the Trust upon
78th
40 East Street, Apt. 6G the death of the Decedent's wife.
New York, NY 10075
Yasemin Bahar Tekiner Daughter Presumptive remainderman of a
11911 Mayfield Ave., PH 8 one-third share of the Trust upon
Los Angeles, CA 90049 the death of the Decedent's wife.
Zeynep Tekiner Ozaltin Daughter Presumptive remainderman of a
Istinye Park Residence one-third share of the Trust upon
Kilic Sokak No. 1 Pinar Mah the death of the Decedent's wife.
Goknar A Blok Daire 4
Istnye, Sariyer 34460
Istanbul, Turkey
Sophie Berlin Hartmann Granddaughter Member of the class of contingent
78th
40 East Street, Apt. 60 remaindermen of the Trust in the
New York, NY 10075 event that Gonja Hedi Hartmann
Tekiner does not survive the
Date of Birth: 3/24/2005 Decedent's wife.
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Selin Ozaltin Granddaughter Member of the class of contingent
Istinye Park Residence remaindennen of the Trust in the
Kilic Sokak No. 1 Pinar Mah event that Zeynep Tekiner Ozaltin
Goknar A Blok Daire 4 does not survive the Decedent's
Istnye, Sariyer 34460 wife.
Istanbul, Turkey
Date of Birth: 9/15/2003
Yasemin Ozaltin Granddaughter Member of the class of contingent
Istinye Park Residence remaindermen of the Trust in the
Kilic Sokak No. 1 Pinar Mah event that Zeynep Tekiner Ozaltin
Goknar A Blok Daire 4 does not survive the Decedent's
Istnye, Sariyer 34460 wife.
Istanbul, Turkey
Date of Birth: 11/14/2005
Yuksel Fedayi None Nominated successor trustee of the
91"
128 East Street, Apt. 2-E Trust.
New York, NY 10128
11. All persons named in Paragraph 10 are of full age and sound mind, SOPHIE
BERLIN HARTMANN, who is an infant, who resides with her mother, GONJA HEDI
HARTMANN TEKINER, and SELIN OZALTIN and YASEMIN OZALTIN, who are infants,
who reside with their mother, ZEYNEP TEKINER OZALTIN, at the address appearing after
their names, and whose interests are adequately represented by the presumptive remaindermen
under SCPA 315.3.
12. No previous application has been made to this Court or any other Court for the
relief herein requested.
WHEREFORE, the Petitioner respectfully prays for an order:
(a) Revoking the Letters of Trusteeship previously issued to BERRIN
TEKINER and AY DIN S. CAGINALP as Trustees of the trust created under Article NINTH of
the Last Will and Testament of Sami Tekiner;
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(b) Appointing YUKSEL FEDAYI as successor trustee of the trust created
under Article NINTH of the Last Will and Testament of Sami Tekiner, to serve without bond,
and directing that Letters of Trusteeship be issued to BERRIN TEKINER YUKSEL FEDAYI, as
trustees of the trust created under Article NINTH of the Last Will and Testament of Sami
Tekiner; and
(c) For such other and further relief as the Court deems just and proper.
Dated: s 33 , 2014
BER IC TEKINER
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VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF NEW YORK )
BERRIN TEKINER, the Petitioner named in the foregoing Petition, being duly sworn,
deposes and says;
I have read the Petition subscribed me and know the contents thereof, and
foregoing by
the same is true of own except as to the matters therein stated to be alleged upon
my knowledge,
information and belief, and as to those matters I believe them to be true.
RIN TEKINER, etitioner
Sworn to before me this
QCday of JU£ , 2014
MICHELLE SCHWARTZ
Notary Public,Stateof New York
) n No. 02SC6163796
Qualifiedin NewYork Count
Pubbc'
Commission ExpiresMay 12, b
Notary
Signature of Attorney:
Attorney for Petitioner: Philip J. Michaels, Esq.
Firm Name Fulbright & Jaworski L.L.P. Tel. No. 212-318-3000
Address of Attorney: 666 Fifth Avenue, New York, New York 10103
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VERIFICATION
STATE OF NEW YORK )
ss.:
COUNTY OF NEW YORK )
BERRIN TEKINER, the Petitioner named in the foregoing Petition, being duly sworn,
deposes and says:
I have read the foregoing Petition subscribed by me and know the contents thereof, and
the same is true of my own knowledge, except as to the matters therein stated to be alleged upon
information and belief, and as to those matters I believe them to be true.
BERRIN TEKINER, Petitioner
Sworn to before me this
day of , 2014
Notary Public
Signature of Attorney:
Attorney for Petitioner: Philip J. Michaels, Esq.
Firm Name Fulbright & Jaworski L.L.P. Tel. No. 212-318-3000
Address of Attorney: 666 Fifth Avenue, New York, New York 10103
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LAST WILL AND TESTAMENT
OF
SAMI S. TEKINER
in the City, dounty and State of
I,SAMI 8. TEKINER, presentl.y residing
Last Will and Tes-
publish and declare this to be my
New York, do hereby make,
allWills and Codicils heretofore made by me.
tament, hereby revoking
funeral ex-
FIRST: I direct that all my just debts and
paid discharged out of Residuary Estate (as hereinafter defined)
pénses be and my
as soon after death as may be practicable.
my
. SECOND: I give and bequeath all my furniture, furnishings,
linen, china, glassware, jewelry, objects of art
rugs, pictures, books, silver, plate,
and all other household goods, personal effects and automobiles owned by me at
the time of death, together with allpolicies of insurance relating thereto, to
. my
if she survives me. Ifshe does not suryive me, I give and
my wife, BERRIN,
bequeath the same to such of my three daughters, GONCA, Z2YNEP and BAHAR,
agree in the ab-
as shall survive me, to be divided among them as they may or,
sence of such agreement or if one of them isa. minor, ab my executors shall
any
determine. The expense of packing, shipping and deliveringsheh property to each
legatee at his or her residence or place of business, shall be
(including insurance),
paid executors as an administration expense of my estAte. The decision of
by my
made in good as to the articles of persortalty which shallpass
my executors, faith,
the beneficia-
pursuant to this Article SECOND and the allocation thereof smong
ries shall be upon person or entity with an interest in my estate and
binding every
shall not be subject to review by any court.
THIRD: If I have purchased a cenfetery lot in Shelter
children and their spouses, and my children's issue
island, my wife, BERRIN, my
and their spouses are authorised to use remaining portion of such
hereby any
cemetery lot for their own burial.
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ÑTH: I devise and bequeath to my wife, BERRIN,
FO give,
and interest, direct or indirect, in and to any real property
allof my right, title
.
as our home or homes and owned by me at the time of my death,
occupied by us
of outright ownership, leasehold, shares in a cooperative .
whether in the form
corporation or and all policies of insurance (and proceeds
housing otherwise,
however, to any mortgage indebtedness secured
thereof) relating thereto, subject,
thereby.
the sum of ONE HUN-
FIFTH: A. I give and bequeath
DRED THOUSAND DOLLARS ($100,000) to my trustees, hereinafter named, IN
TRUST NEVERTHELESS, .toinvest and reinvest the same, to collect the income
therefrom and, after paying therefrom the reasonable expenses of thistrust, to
. pay to or apply for the benefit of my sister, FEHIME NALBANDOGLU, presently
residing at Kore SahitleriCad 5/5, Zincirli Kuyu, Levent, istanbul, Turkey, the net
income therefrom during her lifetime, at least quarterly. Upon the death of my
said sister this trust shall terminate and the balance of the then existing principal
thereof and undistributed net income therefrom, ifany, shall be distributed to my
daughters, GONCA, ZEYNEP and BAHAR, in equal shares, ifthen living, or ifany .
one or more of them is not then living, to such deceased daughter's then .1iving
1ssue, per stirpes.
B. I give and bequeath the sume of TW ENTY-
FIVE THOUSAND DOLLARS ($25,000) to my friend, HILDEGARD SEIFFHART,
presently residing at 233 East 89th Street, New York, New York 10028, ifshe
. survives me.
SIXTH: A. I give and bequeath the sum of TWO HUN-
DRED FIFTY THOUSAND DOLLARS ($250,000) to my trustees, hereinafter
named, IN TRUST NEVERTHELESS, to invest and reinvest the same, to collect
the income therefrom and, after paying therefrom the reasonable expenses of this
trust, to pay to or apply for the benefit of my son, DENIZ, presently residing at
335 East 86th Street, New York, New York 10028, the net income therefrom
during his lifetime, at least quarterly.
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B. At time end from time to time during
any
trustees to or apply for the benefit of my son,
the lifeof my said son, my may pay
trustees theirdiscre-
of the principal of this trust as my in
DENZZ, so much or all
or appropriate for his proper health, maintenance,
tion may deem necessary
education, general welfare and happiness.
support,
C. Upon the death of son, DENIZ, if issue
my
undistributed net in-
his survive him, the principal of this trust and the
of shall
shall be disposed of pursuant to paragraph D of this
come therefrom, if any,
and undistri-
Article SIXTH. If no issue of his shallsurvive him, the said principal
be disposed of pursuant to Paragraph E of this Article
buted net income shall
SIXTH. . .
D. The said principal and undistributed income
divided into as equal shares as shall be necessary to provide (i)one
shall be many
such equal share for each child of son, DENIZ, who shallthen be livingand (11)
my
.
one such equal share for each deceased child of son, DENIZ, who has left issue
my
then living, and further subdividing such equal share for a deceased child of my
into equal sub-shares, per stirpes, for the benefit of such deceased
son, DENIZ,
child's issue then (each such person being referred to hereafter in this
living
share sub-share thus creat-
Article SIXTH as a "Beneficiary"L Each separate and
ed shall form a separate trust for the benefit of such Beneficiary and shall be held
IN TRUST NEVERTHELESS, for the following uses and purposes:
by my trustees,
(1) To invest and reinvest the same, to
collect the income therefrom and, after paying therefrom the reasonable expenses
of the Beneficiary's separate trust, to pay to or apply for the benefit of such
from time to time and at time, so much or all ofthe net income
Beneficiary, any
from such Beneficiary's separate trust, without limitation and including the whole
necessa-
thereof, as my trustees, in theirsole discretion, shall consider reasonably
post-bacca-
ry or appropriate for such Beneficiary's health, education (including
laureate support or maintenance. net income not so paid or
education), Any
applied shall be added to the principal of the trust and shall thereafter be heldr
administered and disposed of as a part of such principal.
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(2) When a Beneficiary attains the age of
twenty-one (21) years, the trust created for his or her benefit shallterminate and
the balance of the principal thereof and the undistributed Income therefrom, if
any, shall be distributed to such Beneficiary.
(3) If a Beneficiary of a separate trust
dies before attaining the age of twenty-one (21) years, the trust created for such
Beneficiary's benefit shall terminate and thebalance of the then existing principal
thereof and undistributed net income therefrom, ifany, shall be distributed to the
issue of such deceased Beneficiary then living, in equal shares, per stirpes. Ifsuch
deceased Beneficiary shall leave no issuehim or her surviving, the said principal
and undistributed income shall be distributed as provided in Paragraph E of this
. Artidle SIXTH.
E. The property to be disposed of pursuant to
this paragraph E shall be distributed to my children, JEYLAN M. MORTIMER and
JAN S. TEKINER, in equal shares, or if either of them is not then living, to his or
her issue, per stirpes, or in default of such issue to my daughters, GONCA,
ZEYNEP and BAHAR, in equal shares, ifthen living,or ifany one or more o.fthem
isnot then living, to such deceased daughter's then living issue, per stiepes.
SEVENTHE A. I give and bequeath the sum of ONE HUN-
DRED THOUSAND DOLLARS ($100,000) to my trustees, hereinafter IN
named,
TRUST NEVERTHELESS, to invest and reinvest the same, to collect the income
therefrom and, after paying therefrom the reasonable expenses of this to
trust,
pay to or apply for the benefit of my son, JAN, c/o Hildegerd
presently residing
W. Seiffhart, 333 East 89th Street, New York, New York his life-
10028, during
H
time, so much or all of the net income of thistrust as trustees in their discre-
my
tion may deem necessary or appropriate for his proper health, maintenance,
support, education, general welfare and happiness. Any net income not so paid or
applied shall be added to the principal of the trust and shall thereafter be held,
administered and disposed of as part of such principal.
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B. Upon the death of my son, JAN, if issueof
the principal of this trust and the undistributed net income
his shall survive him,
shall be disposed of pursuant to paragraph C of this Article
therefrom, if any,
SEVENTH. If no issue of his shallsurvive him, the said principal and undistributed
be disposed of pursuant to Paragraph D of this Article SEVENTH.
net income shall
C. The said principal and undistributed income
shall be divided into as many equal shares as shall be necessary to provide (1) one
such equal share for each child of my son, JAN, who shall then be Hving and (ii)
one equal share for each deceased child of my son, JAN, who has left issue
such
then and further subdividing such equal share for a deceased child of my
living,
into equal per stirpes, for the benefit of such deceased
son, JAN, sub-shares,
child's issue then (each such person being referred to hereafter in this
living
Article SEVENTH as a "Beneficiary"). Each separate share and sub-share thus
created shall form a separate trust for the benefit of such Beneficiary and shall be
for the uses and pur--
held by my trustees, IN TRUST NEVERTHELESS, following
poses:
(1) To invest and reinvest the same, to
collect the income therefrom and, after paying therefrom the reasonable expenses
of the Beneficiary's separate trust, to pay to or apply for the benefit of such
Beneficiary, from time to time and at any time, so much or all of the net income
frorn such Beneficiary's separate trust, without limitation and including the whole
shall consider necessa-
thereof, as my trustees, in their sole discretion, reasonably
or appropriate for such Beneficiary4s education post-bacea-
ry health, (including
laureate education), support or maintenance. Any net income not so paid or
applied shall be added to the principal of the trust and shall thereafter be held,
administered and disposed of as a part of such principal.
(2) When a Beneficiary attains.the age of
twenty-one (21) years, the trustcreated forhis or her benefit shall terminate and
the balance of the principal thereof and the undistributed income therefrom, if
any, shall be distributed to such Beneficiary.
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h
If a Beneficiary of a separate trust
.(3)
age of twenty-one (21) years,the trust created for such
dies before attaining the
terminate and the balance of the then existing principal
Beneficiary's benefit shall
net income if any, shallbe distributed to the
thereof and undistributed therefrom,
then in equal shares, per stirpes. Ifsuch
issue of such deceased Beneficiary living,
no issue him or her surviving, the said principal
, deceased Beneficiary shall leave
income shall be distributed as provided in Paragraph D of this
and undistributed
Article SEVENTH.
D. The to be disposed of pursuant to
property
shall distributed to children, JEYLAN M. MORTIMER and
this paragraph D be my
in equal shares, or if either of them is not then living, to his
DENIZ H. TEKINER,
or her per stirpes, or in default of such issue to my daughters, GONCA,
issue,
. .
equal ifthen living,or ifany one or more of them
ZEYNEP and BAHAR, in shares,
is then to such deceased daughter's then living issue,per stirpes.
not living,
bequeath the sum of ONE HUN-
E1GHTH: A. I give and
hereinaf-
DRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) to my trustees,
ter IN TRUST NEVERTHELESS, to invest and reinvest the same, to collect
named,
the income therefrom and, after paying therefrom the reasonable expenses of this
trust,to to or for the benefit of my daughter, JEYLAN M. MORTIMER,
pay apply
the net income therefrom during her lifetime, at leastquarterly.
B. At any time and from time to time during
the life of said trustees pay to or apply for the benefit of
my daughter, my may
so much or all of the principal of this trust as my trustees
my daughter, JEYLAN,
in their discretion deem necessary of appropriate for her proper health,
may
maintenance, support, education, general welfare and happiness.
C. Upon the des.th of my daughter, JEYLAN,
if issue of hers shall survive the principal of this trust and theundistributed
her,
net income if any, shall be disposed of pursuant to paragraph D of this
therefrom,
said principal and undiS-
Article EIGHTH. If no issue of hers shallsurvive her, the
income shall be disposed of pursuant to Paragraph E of this Article
tributed net
EIGHTH.
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D. The said principal and undistributed incorne.
shan be divided into as many equal shares as shell be necessary to provide (i)one
such equal share for each childof my daughter, JEYLAN, who shallthen be living
and (ii)one such equal share for each deceased child of my daughter, JEYLAN,
who has left issue then living, and further subdividing such equal share for a
deceased child of my daughter, JEYLAN, into equal sub-shares, per stirpes, for
the benefit of such deceased child'sissue then living (each such person being
referred to hereafter in this Article EIGHTH as a "Beneficiary"). Each separate
share and sub-share thus created shall form a separate trust for the benefit of
such Beneficiary and shall be held by my trustees, IN TRUST NEVERTHELESS, for
the following uses and purposes:
(4) To invest and reinvest the same, to
collect the income therefrom and, after paying therefrom the reasonable expenses
of the Benefielary's separate trust, to pay to or apply for the benefit of such
Beneflotary, from time to time and at any time, so much or all of the net
Preview
FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 EXHIBIT M FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 Philip J. Michaels F I LE D SURROGATE'S COURT Fulbright & Jaworski LLP 666 Fifth Avenue New New York 10103 JUL 8 2014 York, Telephone: 212-318-3000 WESTC TE NTY Telecopier: 212-318-3400 Attorneys For Petitioner Berrin Tekiner STATE OF NEW YORK SURROGATE'S COURT: COUNTY OF WESTCHESTER ________---.__.__....---------------------_____-__._____________Ç : VERIFIED PETITION In the Matter of the Application for the : Resignation of AYDIN CAGINALP as Trustee of : the Trust created under Article : File No. - 0 NINTH of the Last Will and Testament of : : SAMI TEKINER, : : Deceased. : And for the Appointment of YUKSEL FEDAYI : as Successor co-Trustee of the Trust : _________________________________.-_.___________________________Ç TO THE SURROGATE'S COURT OF T‰E COUNTY OF WESTCHESTER: 78th This petition of BERRIN TEKINER, residing at 40 East York, NY 10075, (the "Petitioner"), respectfully states: 1. SAMI TEKINER (the "Decedent") died on March 3, 1994, leaving a last will and "Will," testament dated November 18, 1988 (the a copy of which is annexed hereto as Exhibit "A" and made a part hereof), which was duly admitted to probate in the Surrogate's Court of Westchester County on October 17, 1994. 2. Pursuant to the provisions of Article NINTH of the Will, a trust is created for the benefit of the Decedent's wife, BERRIN TEKINER, for her life (hereinafter the "Trust"). 87137792.1 FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 3. Pursuant to the provisions of Article FOURTEENTH of the Will, the Decedent named BERRIN TEKINER and AYDIN S. CAGINALP to serve as co-trustees of the Trust. Letters of Trusteeship were duly issued by this Court to BERRIN TEKINER and AYDIN S. CAGINALP as trustees of the Trust on October 17, 1994. 4. Pursuant to an instrument of Resignation of Trustee dated April 16, 2014, AYDIN S. CAGINALP has resigned as a Trustee of the Trust. A copy of the instrument of Resignation "B" of Trustee of AYD1N S. CAGINALP is annexed hereto as Exhibit and made a part hereof. 5. Pursuant to the provisions of Article FOURTEENTH of the Will, the Decedent authorized each Trustee to designate, by a written instrument, filed with this court, successor trustees to serve in the event that any Trustee named in the Will ceases to act as Trustee of the Trust. 6. Pursuant to an instrument of Appointment and Acceptance of Successor Trustee dated June 11, 2014, BERRIN TEKINER appointed YUKSEL FEDAYI to serve as successor Trustee of the Trust in the place and stead of AYDIN S. CAGINALP, and YUKSEL FEDAYI has accepted her designation as a co-trustee of the Trust to serve in conjunction with BERRIN TEKINER. A copy of the instrument of Appointment and Acceptance of Successor Trustee is "C" annexed hereto as Exhibit and made a part hereof, and the original of such instrument is being filed herewith. A copy of YUKSEL FEDAYI's Oath and Designation is annexed hereto as "D" Exhibit and made a part hereof, and the original of such instrument is being filed herewith. 7. The Trust owns real estate in New York City valued in excess of $20,000,000. 87137792.1 - 2 - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 8. Petitioner hereby seeks the revocation of the Letters of Trusteeship previously issued to BERRIN TEKINER and AYDIN S. CAGINALP and the issuance of Letters of Trusteeship to BERRIN TEKINER and YUKSEL FEDAYl. 9. YUKSEL FEDAYI is duly qualified to act without security. Pursuant to the provisions of Article SIXTEENTH of the Will, the Decedent directed that no bond or other security be required of any trustee serving under the Will. 10. The names and post office addresses of all persons interested in this proceeding and their respective interests are as follows: Name and Address Relationship to Decedent Nature of Interest Berrin Tekiner Wife Petitioner; Co-Trustee of the Trust, 78th 40 East Street, Apt. 4H Lifetime income and discretionary New York, NY 10075 principal beneficiary of the Trust. Gonja Hedi Hartmann Daughter Presumptive remainderman of a Tekiner one-third share of the Trust upon 78th 40 East Street, Apt. 6G the death of the Decedent's wife. New York, NY 10075 Yasemin Bahar Tekiner Daughter Presumptive remainderman of a 11911 Mayfield Ave., PH 8 one-third share of the Trust upon Los Angeles, CA 90049 the death of the Decedent's wife. Zeynep Tekiner Ozaltin Daughter Presumptive remainderman of a Istinye Park Residence one-third share of the Trust upon Kilic Sokak No. 1 Pinar Mah the death of the Decedent's wife. Goknar A Blok Daire 4 Istnye, Sariyer 34460 Istanbul, Turkey Sophie Berlin Hartmann Granddaughter Member of the class of contingent 78th 40 East Street, Apt. 60 remaindermen of the Trust in the New York, NY 10075 event that Gonja Hedi Hartmann Tekiner does not survive the Date of Birth: 3/24/2005 Decedent's wife. 87I37792.I - 3 - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 Selin Ozaltin Granddaughter Member of the class of contingent Istinye Park Residence remaindennen of the Trust in the Kilic Sokak No. 1 Pinar Mah event that Zeynep Tekiner Ozaltin Goknar A Blok Daire 4 does not survive the Decedent's Istnye, Sariyer 34460 wife. Istanbul, Turkey Date of Birth: 9/15/2003 Yasemin Ozaltin Granddaughter Member of the class of contingent Istinye Park Residence remaindermen of the Trust in the Kilic Sokak No. 1 Pinar Mah event that Zeynep Tekiner Ozaltin Goknar A Blok Daire 4 does not survive the Decedent's Istnye, Sariyer 34460 wife. Istanbul, Turkey Date of Birth: 11/14/2005 Yuksel Fedayi None Nominated successor trustee of the 91" 128 East Street, Apt. 2-E Trust. New York, NY 10128 11. All persons named in Paragraph 10 are of full age and sound mind, SOPHIE BERLIN HARTMANN, who is an infant, who resides with her mother, GONJA HEDI HARTMANN TEKINER, and SELIN OZALTIN and YASEMIN OZALTIN, who are infants, who reside with their mother, ZEYNEP TEKINER OZALTIN, at the address appearing after their names, and whose interests are adequately represented by the presumptive remaindermen under SCPA 315.3. 12. No previous application has been made to this Court or any other Court for the relief herein requested. WHEREFORE, the Petitioner respectfully prays for an order: (a) Revoking the Letters of Trusteeship previously issued to BERRIN TEKINER and AY DIN S. CAGINALP as Trustees of the trust created under Article NINTH of the Last Will and Testament of Sami Tekiner; 87137792.1 - 4 - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 (b) Appointing YUKSEL FEDAYI as successor trustee of the trust created under Article NINTH of the Last Will and Testament of Sami Tekiner, to serve without bond, and directing that Letters of Trusteeship be issued to BERRIN TEKINER YUKSEL FEDAYI, as trustees of the trust created under Article NINTH of the Last Will and Testament of Sami Tekiner; and (c) For such other and further relief as the Court deems just and proper. Dated: s 33 , 2014 BER IC TEKINER 87137792.1 - 5 - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 VERIFICATION STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) BERRIN TEKINER, the Petitioner named in the foregoing Petition, being duly sworn, deposes and says; I have read the Petition subscribed me and know the contents thereof, and foregoing by the same is true of own except as to the matters therein stated to be alleged upon my knowledge, information and belief, and as to those matters I believe them to be true. RIN TEKINER, etitioner Sworn to before me this QCday of JU£ , 2014 MICHELLE SCHWARTZ Notary Public,Stateof New York ) n No. 02SC6163796 Qualifiedin NewYork Count Pubbc' Commission ExpiresMay 12, b Notary Signature of Attorney: Attorney for Petitioner: Philip J. Michaels, Esq. Firm Name Fulbright & Jaworski L.L.P. Tel. No. 212-318-3000 Address of Attorney: 666 Fifth Avenue, New York, New York 10103 87137792.1 - 6 - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 VERIFICATION STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) BERRIN TEKINER, the Petitioner named in the foregoing Petition, being duly sworn, deposes and says: I have read the foregoing Petition subscribed by me and know the contents thereof, and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. BERRIN TEKINER, Petitioner Sworn to before me this day of , 2014 Notary Public Signature of Attorney: Attorney for Petitioner: Philip J. Michaels, Esq. Firm Name Fulbright & Jaworski L.L.P. Tel. No. 212-318-3000 Address of Attorney: 666 Fifth Avenue, New York, New York 10103 87137792.1 - 6 - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 LAST WILL AND TESTAMENT OF SAMI S. TEKINER in the City, dounty and State of I,SAMI 8. TEKINER, presentl.y residing Last Will and Tes- publish and declare this to be my New York, do hereby make, allWills and Codicils heretofore made by me. tament, hereby revoking funeral ex- FIRST: I direct that all my just debts and paid discharged out of Residuary Estate (as hereinafter defined) pénses be and my as soon after death as may be practicable. my . SECOND: I give and bequeath all my furniture, furnishings, linen, china, glassware, jewelry, objects of art rugs, pictures, books, silver, plate, and all other household goods, personal effects and automobiles owned by me at the time of death, together with allpolicies of insurance relating thereto, to . my if she survives me. Ifshe does not suryive me, I give and my wife, BERRIN, bequeath the same to such of my three daughters, GONCA, Z2YNEP and BAHAR, agree in the ab- as shall survive me, to be divided among them as they may or, sence of such agreement or if one of them isa. minor, ab my executors shall any determine. The expense of packing, shipping and deliveringsheh property to each legatee at his or her residence or place of business, shall be (including insurance), paid executors as an administration expense of my estAte. The decision of by my made in good as to the articles of persortalty which shallpass my executors, faith, the beneficia- pursuant to this Article SECOND and the allocation thereof smong ries shall be upon person or entity with an interest in my estate and binding every shall not be subject to review by any court. THIRD: If I have purchased a cenfetery lot in Shelter children and their spouses, and my children's issue island, my wife, BERRIN, my and their spouses are authorised to use remaining portion of such hereby any cemetery lot for their own burial. 1 - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 ÑTH: I devise and bequeath to my wife, BERRIN, FO give, and interest, direct or indirect, in and to any real property allof my right, title . as our home or homes and owned by me at the time of my death, occupied by us of outright ownership, leasehold, shares in a cooperative . whether in the form corporation or and all policies of insurance (and proceeds housing otherwise, however, to any mortgage indebtedness secured thereof) relating thereto, subject, thereby. the sum of ONE HUN- FIFTH: A. I give and bequeath DRED THOUSAND DOLLARS ($100,000) to my trustees, hereinafter named, IN TRUST NEVERTHELESS, .toinvest and reinvest the same, to collect the income therefrom and, after paying therefrom the reasonable expenses of thistrust, to . pay to or apply for the benefit of my sister, FEHIME NALBANDOGLU, presently residing at Kore SahitleriCad 5/5, Zincirli Kuyu, Levent, istanbul, Turkey, the net income therefrom during her lifetime, at least quarterly. Upon the death of my said sister this trust shall terminate and the balance of the then existing principal thereof and undistributed net income therefrom, ifany, shall be distributed to my daughters, GONCA, ZEYNEP and BAHAR, in equal shares, ifthen living, or ifany . one or more of them is not then living, to such deceased daughter's then .1iving 1ssue, per stirpes. B. I give and bequeath the sume of TW ENTY- FIVE THOUSAND DOLLARS ($25,000) to my friend, HILDEGARD SEIFFHART, presently residing at 233 East 89th Street, New York, New York 10028, ifshe . survives me. SIXTH: A. I give and bequeath the sum of TWO HUN- DRED FIFTY THOUSAND DOLLARS ($250,000) to my trustees, hereinafter named, IN TRUST NEVERTHELESS, to invest and reinvest the same, to collect the income therefrom and, after paying therefrom the reasonable expenses of this trust, to pay to or apply for the benefit of my son, DENIZ, presently residing at 335 East 86th Street, New York, New York 10028, the net income therefrom during his lifetime, at least quarterly. - 2 - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 B. At time end from time to time during any trustees to or apply for the benefit of my son, the lifeof my said son, my may pay trustees theirdiscre- of the principal of this trust as my in DENZZ, so much or all or appropriate for his proper health, maintenance, tion may deem necessary education, general welfare and happiness. support, C. Upon the death of son, DENIZ, if issue my undistributed net in- his survive him, the principal of this trust and the of shall shall be disposed of pursuant to paragraph D of this come therefrom, if any, and undistri- Article SIXTH. If no issue of his shallsurvive him, the said principal be disposed of pursuant to Paragraph E of this Article buted net income shall SIXTH. . . D. The said principal and undistributed income divided into as equal shares as shall be necessary to provide (i)one shall be many such equal share for each child of son, DENIZ, who shallthen be livingand (11) my . one such equal share for each deceased child of son, DENIZ, who has left issue my then living, and further subdividing such equal share for a deceased child of my into equal sub-shares, per stirpes, for the benefit of such deceased son, DENIZ, child's issue then (each such person being referred to hereafter in this living share sub-share thus creat- Article SIXTH as a "Beneficiary"L Each separate and ed shall form a separate trust for the benefit of such Beneficiary and shall be held IN TRUST NEVERTHELESS, for the following uses and purposes: by my trustees, (1) To invest and reinvest the same, to collect the income therefrom and, after paying therefrom the reasonable expenses of the Beneficiary's separate trust, to pay to or apply for the benefit of such from time to time and at time, so much or all ofthe net income Beneficiary, any from such Beneficiary's separate trust, without limitation and including the whole necessa- thereof, as my trustees, in theirsole discretion, shall consider reasonably post-bacca- ry or appropriate for such Beneficiary's health, education (including laureate support or maintenance. net income not so paid or education), Any applied shall be added to the principal of the trust and shall thereafter be heldr administered and disposed of as a part of such principal. - 3 - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 (2) When a Beneficiary attains the age of twenty-one (21) years, the trust created for his or her benefit shallterminate and the balance of the principal thereof and the undistributed Income therefrom, if any, shall be distributed to such Beneficiary. (3) If a Beneficiary of a separate trust dies before attaining the age of twenty-one (21) years, the trust created for such Beneficiary's benefit shall terminate and thebalance of the then existing principal thereof and undistributed net income therefrom, ifany, shall be distributed to the issue of such deceased Beneficiary then living, in equal shares, per stirpes. Ifsuch deceased Beneficiary shall leave no issuehim or her surviving, the said principal and undistributed income shall be distributed as provided in Paragraph E of this . Artidle SIXTH. E. The property to be disposed of pursuant to this paragraph E shall be distributed to my children, JEYLAN M. MORTIMER and JAN S. TEKINER, in equal shares, or if either of them is not then living, to his or her issue, per stirpes, or in default of such issue to my daughters, GONCA, ZEYNEP and BAHAR, in equal shares, ifthen living,or ifany one or more o.fthem isnot then living, to such deceased daughter's then living issue, per stiepes. SEVENTHE A. I give and bequeath the sum of ONE HUN- DRED THOUSAND DOLLARS ($100,000) to my trustees, hereinafter IN named, TRUST NEVERTHELESS, to invest and reinvest the same, to collect the income therefrom and, after paying therefrom the reasonable expenses of this to trust, pay to or apply for the benefit of my son, JAN, c/o Hildegerd presently residing W. Seiffhart, 333 East 89th Street, New York, New York his life- 10028, during H time, so much or all of the net income of thistrust as trustees in their discre- my tion may deem necessary or appropriate for his proper health, maintenance, support, education, general welfare and happiness. Any net income not so paid or applied shall be added to the principal of the trust and shall thereafter be held, administered and disposed of as part of such principal. FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 B. Upon the death of my son, JAN, if issueof the principal of this trust and the undistributed net income his shall survive him, shall be disposed of pursuant to paragraph C of this Article therefrom, if any, SEVENTH. If no issue of his shallsurvive him, the said principal and undistributed be disposed of pursuant to Paragraph D of this Article SEVENTH. net income shall C. The said principal and undistributed income shall be divided into as many equal shares as shall be necessary to provide (1) one such equal share for each child of my son, JAN, who shall then be Hving and (ii) one equal share for each deceased child of my son, JAN, who has left issue such then and further subdividing such equal share for a deceased child of my living, into equal per stirpes, for the benefit of such deceased son, JAN, sub-shares, child's issue then (each such person being referred to hereafter in this living Article SEVENTH as a "Beneficiary"). Each separate share and sub-share thus created shall form a separate trust for the benefit of such Beneficiary and shall be for the uses and pur-- held by my trustees, IN TRUST NEVERTHELESS, following poses: (1) To invest and reinvest the same, to collect the income therefrom and, after paying therefrom the reasonable expenses of the Beneficiary's separate trust, to pay to or apply for the benefit of such Beneficiary, from time to time and at any time, so much or all of the net income frorn such Beneficiary's separate trust, without limitation and including the whole shall consider necessa- thereof, as my trustees, in their sole discretion, reasonably or appropriate for such Beneficiary4s education post-bacea- ry health, (including laureate education), support or maintenance. Any net income not so paid or applied shall be added to the principal of the trust and shall thereafter be held, administered and disposed of as a part of such principal. (2) When a Beneficiary attains.the age of twenty-one (21) years, the trustcreated forhis or her benefit shall terminate and the balance of the principal thereof and the undistributed income therefrom, if any, shall be distributed to such Beneficiary. - 5 - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 h If a Beneficiary of a separate trust .(3) age of twenty-one (21) years,the trust created for such dies before attaining the terminate and the balance of the then existing principal Beneficiary's benefit shall net income if any, shallbe distributed to the thereof and undistributed therefrom, then in equal shares, per stirpes. Ifsuch issue of such deceased Beneficiary living, no issue him or her surviving, the said principal , deceased Beneficiary shall leave income shall be distributed as provided in Paragraph D of this and undistributed Article SEVENTH. D. The to be disposed of pursuant to property shall distributed to children, JEYLAN M. MORTIMER and this paragraph D be my in equal shares, or if either of them is not then living, to his DENIZ H. TEKINER, or her per stirpes, or in default of such issue to my daughters, GONCA, issue, . . equal ifthen living,or ifany one or more of them ZEYNEP and BAHAR, in shares, is then to such deceased daughter's then living issue,per stirpes. not living, bequeath the sum of ONE HUN- E1GHTH: A. I give and hereinaf- DRED TWENTY-FIVE THOUSAND DOLLARS ($125,000) to my trustees, ter IN TRUST NEVERTHELESS, to invest and reinvest the same, to collect named, the income therefrom and, after paying therefrom the reasonable expenses of this trust,to to or for the benefit of my daughter, JEYLAN M. MORTIMER, pay apply the net income therefrom during her lifetime, at leastquarterly. B. At any time and from time to time during the life of said trustees pay to or apply for the benefit of my daughter, my may so much or all of the principal of this trust as my trustees my daughter, JEYLAN, in their discretion deem necessary of appropriate for her proper health, may maintenance, support, education, general welfare and happiness. C. Upon the des.th of my daughter, JEYLAN, if issue of hers shall survive the principal of this trust and theundistributed her, net income if any, shall be disposed of pursuant to paragraph D of this therefrom, said principal and undiS- Article EIGHTH. If no issue of hers shallsurvive her, the income shall be disposed of pursuant to Paragraph E of this Article tributed net EIGHTH. - g - FILED: NEW YORK COUNTY CLERK 03/08/2022 10:38 AM INDEX NO. 657193/2020 NYSCEF DOC. NO. 197 RECEIVED NYSCEF: 03/08/2022 D. The said principal and undistributed incorne. shan be divided into as many equal shares as shell be necessary to provide (i)one such equal share for each childof my daughter, JEYLAN, who shallthen be living and (ii)one such equal share for each deceased child of my daughter, JEYLAN, who has left issue then living, and further subdividing such equal share for a deceased child of my daughter, JEYLAN, into equal sub-shares, per stirpes, for the benefit of such deceased child'sissue then living (each such person being referred to hereafter in this Article EIGHTH as a "Beneficiary"). Each separate share and sub-share thus created shall form a separate trust for the benefit of such Beneficiary and shall be held by my trustees, IN TRUST NEVERTHELESS, for the following uses and purposes: (4) To invest and reinvest the same, to collect the income therefrom and, after paying therefrom the reasonable expenses of the Benefielary's separate trust, to pay to or apply for the benefit of such Beneflotary, from time to time and at any time, so much or all of the net