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Court of Appeals of New York


In the Matter of the Estate of Wallens, 122

In proceeding seeking judicial settlement of accounts of a co-trustee, finding that father, as co-trustee of beneficiary daughter's trust left to her by her grandfather, did not engage in self-dealing, in breach of his fiduciary obligations to daughter by his use of trust funds for her private secondary school education and other expenses, is reversed where a remittal was necessary for Surrogate's Court to conduct a hearing as to whether father carried out his fiduciary duty as a co-trustee to act, in good faith, in his daughter's interests.

Appellate Information

  • Decided 10/18/2007
  • Published 10/18/2007

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  • Court of Appeals of New York

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