In re the Estate of Wallens

*963Appeal and cross appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered March 11, 2005. The order granted in part respondent’s motion to dismiss the objections to respondent’s account of the testamentary trust covering the period May 1, 1997 through April 30, 2003 and granted in part the cross motion of petitioner for summary judgment on her objections.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in its entirety, dismissing the objections in their entirety and denying the…