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MATTER OF WALLENS

9 N.Y.3d 117 (2007)

877 N.E.2d 960

847 N.Y.S.2d 156

In the Matter of the Estate of BURTON WALLENS, Deceased. MAGGIE WALLENS, Appellant; CHARLES WALLENS, Respondent.

Court of Appeals of the State of New York.

Decided October 18, 2007.

Attorney(s) appearing for the Case

Burd & McCarthy, Buffalo (Timothy A. McCarthy and Kenneth F. Joyce of counsel), for appellant.

Hiscock & Barclay, LLP, Buffalo (Bruce S. Zeftel of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in per curiam opinion.

OPINION OF THE COURT

Per Curiam.

In this proceeding seeking judicial settlement of accounts of a cotrustee, we conclude that an issue of fact exists concerning whether the cotrustee breached his fiduciary duty to the trust beneficiary. Accordingly, we direct Surrogate's Court to conduct an evidentiary hearing on this matter.

In April 1992, testator Burton Wallens executed his last will and testament...

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