In re the Estate of Trigger

S. Samuel Di Falco, S.

The court holds that citation must issue to Christine E. Trigger, who has contingent interests in the principal of one of the trusts. Her father is the income beneficiary of that trust and has power to appoint the remainder. Principal is payable to him at ages 25 and 35 and the trust will end if he lives until age 35.

A person contingently interested in a trust must be cited in an accounting (SCPA 2210, subd. 9) unless it is otherwise provided in SCPA 315. Under subdivision 2 of that section (par. [a] [ii]) and subdivision 3, it is necessary to serve only the one who is…