In re the Trusts for McDonald

Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered December 20, 2010. The order found that Idalynn Luppino McDonald had abused her fiduciary responsibilities as trustee.

It is hereby ordered that the order so appealed from Is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: In appeal No. 1, respondent (hereafter, trustee) appeals from an order determining that she failed to observe the terms of two testamentary trusts and abused her fiduciary responsibilities with respect to each trust and setting forth a date upon…