Hector v. Bank of New York Mellon

Ashley Hector, et al. v. Bank of New York Mellon, No. 10, September Term, 2020. Opinion by Biran, J. ESTATES AND TRUSTS – TRUSTEES – INDIVIDUAL TRUSTEE LIABLITY – The Court of Appeals held that a tort plaintiff may sue a trustee in its individual capacity for acts or omissions undertaken in the course of trust administration. Although it is well settled that an entity acting in its individual capacity, and the same entity acting as a trustee, are, in law, two distinct persons, a plaintiff may name the entity as a defendant in both capacities in a complaint. As the Restatement (Third) of…