Legal Opinion

In Re the Estate of Hunter

New York Court of Appeals

Decided March 24, 2005PublishedCited by 312 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

In this case we are required to decide whether the doctrine of res judicata applies to judicial proceedings settling an estate and a trust accounting, submitted by a bank that acted both as executor and as trustee. Under the facts and circumstances presented here, we conclude that the beneficiary of a separate testamentary trust managed by the same bank is precluded from raising objections to the fiduciary’s actions that could have been raised in prior proceedings.

I. Background

This case arises following more than 20 years of fiduciary involvement with the assets…

2Cases cited11 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  3. Reilly v. ReidNew York Court of Appeals · 1978
  4. In Re Estate of FrutigerNew York Court of Appeals · 1971
  5. Pray v. . HegemanNew York Court of Appeals · 1885

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3Cited by312 opinions

  1. MATTER OF JOSEY v. GoordNew York Court of Appeals · 2007
  2. Wilkes Ex Rel. Mason v. Phoenix Home Life Mutual Ins. Co.Supreme Court of Pennsylvania · 2006
  3. Pitcock v. Kasowitz, Benson, Torres & Friedman, LLPAppellate Division of the Supreme Court of the State of New York · 2011
  4. Beijing Neu Cloud v. IBM Corp.Court of Appeals for the Second Circuit · 2024
  5. Blue Sky, LLC v. Jerry's Self Storage, LLCAppellate Division of the Supreme Court of the State of New York · 2016

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