Legal Opinion

In re the Accounting of Poffenbarger

New York Surrogate's Court

Decided March 6, 2013PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

John M. Czygier, Jr., S.

In this contested accounting proceeding, the Attorney General and the American Latvian Association (sometimes referred herein as the Charity), the residuary beneficiary, have moved for partial summary judgment, seeking to sustain several objections to the account of the fiduciary as a matter of law. Both the executor and decedent’s spouse oppose the relief requested by the moving parties and have cross-moved for summary relief on other issues. For the reasons set forth below, the motions are denied and the cross motions are granted, in part.

*484Backgroun…

2Cases cited13 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  3. Andre v. PomeroyNew York Court of Appeals · 1974
  4. Riley v. County of BroomeNew York Court of Appeals · 2000
  5. In Re Trust Created by HydeNew York Court of Appeals · 2010

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3Cited by1 opinion

  1. In re Estate of ShellNebraska Supreme Court · 2015

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