Legal Opinion
In Re Estate of Wallens
New York Court of Appeals
Decided October 18, 2007PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In this proceeding seeking judicial settlement of accounts of a cotrustee, we conclude that an issue of fact exists concerning whether the cotrustee breached his fiduciary duty to the trust beneficiary. Accordingly, we direct Surrogate’s Court to conduct an evidentiary hearing on this matter.
In April 1992, testator Burton Wallens executed his last will and testament that, among other things, provided for the establishment of a $200,000 testamentary trust for the benefit of his granddaughter, petitioner Maggie Wallens (Maggie), then age 10. The will designated Maggie’s…
3Cases cited7 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Birnbaum v. BirnbaumNew York Court of Appeals · 1989
- Mercury Bay Boating Club Inc. v. San Diego Yacht ClubNew York Court of Appeals · 1990
- In re the Judicial Settlement of the Account of the Chase Manhattan BankNew York Court of Appeals · 2006
- Matter of HellerNew York Court of Appeals · 2006
2 more not listed; retrieve them via the Exa API.
4Cited by21 opinions
- In Re the Judicial Settlement of the Intermediate Account of HSBC Bank USA, N.A.Appellate Division of the Supreme Court of the State of New York · 2012
- In re GalassoNew York Court of Appeals · 2012
- United States v. SmithDistrict Court, S.D. New York · 2014
- Whitehouse v. GahnAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Accounting by KalkmanAppellate Division of the Supreme Court of the State of New York · 2010
16 more not listed; retrieve them via the Exa API.