Legal Opinion

In re the Final Accounting of United States Trust Co.

New York Supreme Court

Decided April 19, 1972PublishedCited by 3 opinions

1Opinion of the CourtArnold L. Fein, J.

A fiduciary in one cápacity is, in effect, here accounting to itself as a cofiduciary in another capacity, although it is also accounting to its cofiduciary in the second capacity. Although SOPA 2210.10, as amended by chapter 551 of the Laws of 1969, eliminates the requirement that process issue to all persons interested in the estate of a deceased beneficiary, where ‘1 the accounting fiduciary has in said separate capacity one or more co-fiduciaries who are not his co-fiduciaries in his accounting capacity ”, the safer practice would seem to require service of notice on all contingent…

2Cases cited2 opinions

  1. In re the Estate of SnyderNew York Surrogate's Court · 1967
  2. In re the Estate of MilesNew York Surrogate's Court · 1961

3Cited by3 opinions

  1. In re the Estate of HunterAppellate Division of the Supreme Court of the State of New York · 2004
  2. In re KatorNew York Supreme Court · 1995
  3. In re the Estate of HammondNew York Surrogate's Court · 1978

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