In re the Estate of Yarm
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a proceeding for the judicial settlement of the account of the executors of a decedent’s estate, the appeals are from an order of the Surrogate’s Court, Suffolk County (Signorelli, S.), entered December 18, 1984, which denied the separate motions of the coexecutors for summary judgment.
Order affirmed, with costs, payable by the appellants personally.
Whether the conduct of a fiduciary measures up to the appropriate standards of prudence, vigilance and care is normally a question of fact to be determined by the trial court (see, Matter of Clarke, 12 NY2d 183, 186; Matter of Hubbell, 302 NY…
2Cases cited7 opinions
- In re the Accounting of HubbellNew York Court of Appeals · 1951
- Hartnett v. . WandellNew York Court of Appeals · 1875
- In Re the Accounting of MatesNew York Court of Appeals · 1948
- In re the Intermediate Accounting of Chase Manhattan BankNew York Court of Appeals · 1962
- In re the Estate of TannenbaumAppellate Division of the Supreme Court of the State of New York · 1964
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Spatz v. BajramoskiAppellate Division of the Supreme Court of the State of New York · 1995
- Gaentner v. BenkovichAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Estate of JanesAppellate Division of the Supreme Court of the State of New York · 1996
- Matter of Estate of CooperCourt of Appeals of Washington · 1996
- In re the Estate of ShellyAppellate Division of the Supreme Court of the State of New York · 2001
11 more not listed; retrieve them via the Exa API.