Legal Opinion

In re Weinraub

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

Decided December 29, 2009PublishedCited by 1 opinion

1Opinion of the Court

The Surrogate’s Court providently exercised its discretion in removing appellant as trustee of the captioned trust (see SCPA 719 [1], [3], [10]; 711 [3], [8], [12]; Matter of Duke, 87 NY2d 465, 472-473 [1996]). The appellant failed to account over many years, despite repeated requests by a cotrustee and beneficiary and a court order compelling him to do so by a date certain. In a parallel proceeding in Westchester County, the appellant, who is an attorney, was removed as trustee of the same decedent’s testamentary trusts after he not only failed to purge a contempt order by providing…

2Cases cited4 opinions

  1. Matter of DukeNew York Court of Appeals · 1996
  2. Flaum v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1993
  3. In re Estate of WeinraubAppellate Division of the Supreme Court of the State of New York · 2009
  4. In re the Estate of BrittonNew York Surrogate's Court · 1997

3Cited by1 opinion

  1. Massey-Hughes v. MasseyAppellate Division of the Supreme Court of the State of New York · 2021

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