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Matter of Stuart

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1999
261 A.D.2d 550 (N.Y. App. Div. 1999)

Opinion

May 17, 1999

Appeal from the Surrogate's Court, Suffolk County (Prudenti, S.).


Ordered that the cross appeal is dismissed as withdrawn; and it is farther,

Ordered that the decree is affirmed insofar as appealed from; and it is further,

Ordered that the petitioners are awarded one bill of costs payable by the appellant personally.

Contrary to the appellant's contention, the New York Constitution grants the Surrogate's Court jurisdiction over "all actions and proceedings relating to the affairs of decedents, probate of wills [and] administration of estates", and authorizes the court to exercise such equity jurisdiction as provided by law in fulfilling those responsibilities (N.Y. Const, art VI, § 12 [d], [e]; see also, SCPA 201; see also, Matter of Stortecky v. Mazzone, 85 N.Y.2d 518). Here, the evidence demonstrated that the appellant, while acting in a trusted role as the decedent's attorney and friend, misrepresented to the court that the funds of the estate were intact and that he would immediately turn them over to the estate, when, in fact, he had spent much of the money. Accordingly, the Surrogate did not exceed her discretion in finding that he was not entitled to any compensation and directing him to return the legal fees he received ( see, Pessoni v. Rabkin, 220 A.D.2d 732; Matter of Winston, 214 A.D.2d 677).

The appellant's remaining contentions are without merit.

Santucci, J. P., Krausman, Goldstein and Feuerstein, JJ., concur.


Summaries of

Matter of Stuart

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1999
261 A.D.2d 550 (N.Y. App. Div. 1999)
Case details for

Matter of Stuart

Case Details

Full title:In the Matter of the Estate of JAMES B. STUART, Deceased. THEODORE O…

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

Date published: May 17, 1999

Citations

261 A.D.2d 550 (N.Y. App. Div. 1999)
690 N.Y.S.2d 644

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