Legal Opinion
In re Trust Created Under the Last Will & Testament of Statler
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 2006No. Appeal No. 1PublishedCited by 3 opinions
1Opinion of the Court
*1164Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered April 20, 2004. The order, insofar as appealed from, appointed a successor trustee.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: With respect to the order in appeal No. 1, we conclude that the Surrogate did not err in exercising her discretion under SCPA 1502 and the 1934 Indenture of Trust (Indenture) in appointing a successor to the trustee who resigned (see Matter of Statler’s Will, 81 NYS2d 916, 918-919 [1948], affd 276 App…
2Cases cited2 opinions
- In Re the Estate of GreatsingerNew York Court of Appeals · 1986
- In re the Will of StatlerNew York Court of Appeals · 1950
3Cited by3 opinions
- In re the Trust Created Under the Last Will & Testament of StatlerAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Trust Created by the Will of SchuylerAppellate Division of the Supreme Court of the State of New York · 2015
- In re the Trust Created by the Will of SchuylerAppellate Division of the Supreme Court of the State of New York · 2015