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Matter of Alaimo

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2001
288 A.D.2d 916 (N.Y. App. Div. 2001)

Summary

holding that "decedent's grandson a person in whose honor the trust was created, lacks standing to challenge petitioners' administration of the trust"

Summary of this case from Hadassah Acad. Coll. v. Hadassah

Opinion

(1388) CA 01-00992.

November 9, 2001.

(Appeal from Order of Erie County Surrogate's Court, Mattina, S. — EPTL.)

PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, KEHOE AND BURNS, JJ.


Order unanimously affirmed with costs.

Memorandum:

Surrogate's Court properly dismissed the cross petition of respondent seeking an order directing petitioners to adhere to the terms of decedent's will in distributing the income from the Evans-Devereux Memorial Fund, a charitable trust created by Article Eleventh of the will. Respondent, decedent's grandson and a person in whose honor the trust was created, lacks standing to challenge petitioners' administration of the trust ( see generally, Alco Gravure, Inc. v. Knapp Found., 64 N.Y.2d 458, 465-466; Matter of James, 22 Misc.2d 1062, 1067-1068). Rather, standing to enforce the trust or challenge petitioners' administration of it is restricted to the Attorney-General ( see, EPTL 8-1.1 [f]; 8-1.4; Matter of May, 213 A.D.2d 838, 839-840, lv dismissed 85 N.Y.2d 1032; Matter of De Long, 169 A.D.2d 1005, 1006, lv denied 77 N.Y.2d 809).


Summaries of

Matter of Alaimo

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 9, 2001
288 A.D.2d 916 (N.Y. App. Div. 2001)

holding that "decedent's grandson a person in whose honor the trust was created, lacks standing to challenge petitioners' administration of the trust"

Summary of this case from Hadassah Acad. Coll. v. Hadassah
Case details for

Matter of Alaimo

Case Details

Full title:MATTER OF CAROL J. ALAIMO, GRACE MARIE ANGE AND SUE S. GARDNER, TRUSTEES…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 9, 2001

Citations

288 A.D.2d 916 (N.Y. App. Div. 2001)
732 N.Y.S.2d 819

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