Legal Opinion

In re the William M. Kline Revocable Trust

New York Surrogate's Court

Decided May 5, 2003PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Richard C. Giardino, S.

This matter comes before the court on the petition of the sue*68cessor trustee, who was appointed to that office by order of this court dated July 18, 2002. The petition is captioned in the form of a request to determine the validity of competing claims to trust benefits, pursuant to SCPA 1809. However, the relief sought in the petition also invokes SCPA 2107 (2) (Advice and Direction), which allows a court to advise and direct a fiduciary in “extraordinary circumstances.” An extraordinary circumstance apparent from the face of the petition is also the…

2Cases cited18 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. Schozer v. William Penn Life InsuranceNew York Court of Appeals · 1994
  3. In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
  4. In re MeekerNew York Surrogate's Court · 1929
  5. In re the Estate of FontanellaAppellate Division of the Supreme Court of the State of New York · 1969

13 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re the Estate of LovellAppellate Division of the Supreme Court of the State of New York · 2005
  2. In re EshaghianAppellate Division of the Supreme Court of the State of New York · 2012
  3. In re EshaghianAppellate Division of the Supreme Court of the State of New York · 2012
  4. WHITE, RORY G. v. VOWELL, KIMBERLY G.Appellate Division of the Supreme Court of the State of New York · 2015
  5. White v. VowellAppellate Division of the Supreme Court of the State of New York · 2015

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API