Legal Opinion
In re the Estate of Younker
New York Surrogate's Court
Decided August 24, 1981PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Millard L. Midonick, J.
Pursuant to the decision of this court set forth on July 23, 1981 (NYU, July 23, 1981, p 6, col 5) a hearing was held on August 13, 14 and 18, 1981.
The issue focused on whether an attorney named as cotrustee under a probated will of a mother of the objecting daughter, was subject to hostility, friction and conflicts of interest which would render him, if appointed, unable to exercise these powers fairly and properly or would interfere with the proper administration of the trust because of his being “an unsuitable person” under SCPA 711. I now find in…
2Cases cited7 opinions
- In Re Proving the Will of LelandNew York Court of Appeals · 1916
- In Re Proving the Will of FloodNew York Court of Appeals · 1923
- In re the Probate of the Will of FossAppellate Division of the Supreme Court of the State of New York · 1953
- In re Proving the Last Will & Testament of LathamAppellate Division of the Supreme Court of the State of New York · 1911
- In re the Construction of an Indenture of TrustAppellate Division of the Supreme Court of the State of New York · 1971
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3Cited by1 opinion
- In re the Estate of RadNew York Surrogate's Court · 1994