Legal Opinion

In re the Accounting for Trust B under the Will of Poster

New York Surrogate's Court

Decided August 20, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Lee L. Holzman, J.

In this accounting proceeding, the objectants, who filed their objections after the return date of this motion, move pursuant to CPLR 3124 to compel the two surviving trustees of Trust B to produce certain documents. Trusts A and B were created under the residuary clause of the decedent’s will which was admitted to probate in 1956. The trustees, who petitioned for the judicial settlement of their account for Trust B for the period from February 18, 1981 to July 31, 2006, oppose the motion, and cross-move pursuant to CPLR 3103 for a protective order. A…

2Cases cited3 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. In re the Estate of BakerNew York Surrogate's Court · 1988
  3. In re Citibank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984

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