Legal Opinion

In re the Estate of Mastroianni

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 2013Published

1Opinion of the CourtMcCarthy, J.

Appeal from an order of the Surrogate’s Court of Schenectady County (Versaci, S.), entered August 6, 2012, which, among other things, dismissed Mary Drescher’s application to compel an intermediate accounting of certain trusts.

Nathaniel H. Daffner is the trustee of two testamentary trusts of decedent’s estate. The sole assets of the trusts are shares of Mastroianni Brothers, Inc., a corporation that operates a bakery. In 2009, respondent Mary V. Mastroianni, decedent’s mother, *1137contacted Daffner and informally asserted a potential claim to some of the corporation’s shares. Daffner subsequently…

2Cases cited10 opinions

  1. In Re the Estate of HunterNew York Court of Appeals · 2005
  2. In re the Estate of PiccioneNew York Court of Appeals · 1982
  3. Tydings v. Greenfield, Stein & Senior, LLPNew York Court of Appeals · 2008
  4. In re the Estate of BrandtAppellate Division of the Supreme Court of the State of New York · 1981
  5. In re the Estate of LupoliAppellate Division of the Supreme Court of the State of New York · 2000

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