MATTER OF GOODMAN

3840, 2991/11.

149 A.D.3d 649 (2017)

2017 NY Slip Op 03138

52 N.Y.S.3d 363

In the Matter of MARK L. GOODMAN, Grantor. VAN KIRK REEVES, Respondent, v. VALERIE ANNE GOODMAN et al., Appellants.

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

Decided April 25, 2017.


The Surrogate's Court correctly dismissed objection 10, which states, among other things, that petitioner trustee improperly distributed principal to or on behalf of the grantor, and that petitioner failed to consider other resources available to the grantor. Under the terms of the trust deed at issue, petitioner had the discretion, but was not required, "to take the beneficiary's independent income into account before invading principal" (Matter of Flyer, ...

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