In re the Estate of Collins
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Cross appeals from an order of the Surrogate’s Court of Otsego County (Coccoma, S.), entered January 13, 2006, which, inter alia, held that respondent invaded the principal of a trust in violation of the trust’s terms.
Charles W Collins’ will established a trust which provided the trust’s income to Edith Collins Villa during her lifetime and, upon her death, to petitioner. The trust does not permit invasion of principal. After Villa died in March 2003, petitioner commenced this proceeding seeking an accounting by respondent, the trustee. Respondent filed accountings covering the periods from…
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