Juliana C. Terian, Petitioner–Respondent, Thomas J. Killeen, Petitioner, v. Robert Wurmbrand, Respondent–Appellant. (2018)

Supreme Court, Appellate Division, First Department, New York.

Juliana C. Terian, Petitioner–Respondent, Thomas J. Killeen, Petitioner, v. Robert Wurmbrand, Respondent–Appellant.

7805N 3871I 02

Decided: December 04, 2018

Sweeny, J.P., Manzanet–Daniels, Gische, Tom, Moulton, JJ.

Sullivan & Worcester, LLP, New York (Jonathan G. Kortmansky of counsel), for appellant.

In re Peter G. Terian

File

,J/

Deceased.

Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered July 26, 2017, which, inter alia, granted the joint application of petitioners Juliana C. Terian and Thomas J. Killeen for the appointment of Jacques L. Debrot as successor co-trustee upon the resignation of Killeen, unanimously affirmed, with costs.

The Surrogate properly granted the petition since the express terms of the subject will permitted a majority of the trustees to act collectively in selecting successor trustees (see Matter of Luckenbach, 303 N.Y. 491, 496 [1952]; see also Georgius v. Village of Morrisville, 90 AD3d 1256 [3d Dept 2011] ).

We have considered respondent's remaining arguments and find them unavailing.

CLERK

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