Legal Opinion
In re the Estate of Walsh
New York Surrogate's Court
Decided August 23, 2007PublishedCited by 5 opinions
1Opinion of the Court
*408OPINION OF THE COURT
Lee L. Holzman, J.
In this SCPA 2103 discovery proceeding, the respondent moves to disqualify the petitioner, who is the executor of the estate and an attorney, from representing himself in his fiduciary capacity. The respondent contends that the advocate-witness rule mandates the petitioner’s disqualification (Code of Professional Responsibility DR 5-102 [22 NYCRR 1200.21]). The novel issue presented is whether the petitioner has the same right to represent himself in his fiduciary capacity as he does individually. The court holds that he does not.
The decedent died on July…
2Cases cited14 opinions
- S & S Hotel Ventures Limited Partnership v. 777 S. H. Corp.New York Court of Appeals · 1987
- In re the Estate of RothkoNew York Court of Appeals · 1977
- Mtr. of Abrams (John Anonymous)New York Court of Appeals · 1984
- Gasoline Expwy, Inc. v. Sun Oil Co.Appellate Division of the Supreme Court of the State of New York · 1978
- Mayorga v. TateAppellate Division of the Supreme Court of the State of New York · 2002
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