Legal Opinion

In re the Accounting of Conklin

New York Surrogate's Court

Decided March 31, 2015Published

1Opinion of the Court

OPINION OF THE COURT

Edward W. McCarty III, J.

This is a decision after a hearing in these accounting proceedings of Joan Conklin as executor and attorney-in-fact. Testimony was taken from an attorney and Lori Conklin, the daughter of the executor and the coagent under one power of attorney and a successor agent for the decedent under a second power of attorney. The issues at the hearing were whether the agent(s) appointed by the decedent in these powers of attorney acted appropriately when they: closed out multiple Totten trust accounts; sold the decedent’s specifically bequeathed cooperative…

2Cases cited7 opinions

  1. In Re the Accounting of TottenNew York Court of Appeals · 1904
  2. In re the Estate of FerraraNew York Court of Appeals · 2006
  3. Semmler v. NaplesAppellate Division of the Supreme Court of the State of New York · 1990
  4. In re the Accounting of Y. B. GardenNew York Court of Appeals · 1960
  5. Frank A.L. v. VaccarelliAppellate Division of the Supreme Court of the State of New York · 2014

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