MATTER OF YOUNG


75 A.D.2d 731 (1980)

In the Matter of Charles M. Young, as Surviving Trustee under Agreement Made by David V. Shaw-Kennedy, for Benefit of David V. Shaw-Kennedy, III, and Others, Appellant. David V. Shaw-Kennedy, III, Respondent

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

May 1, 1980


While Special Term had the authority in this accounting proceeding to direct the return of assets and to impose the stated sanctions (EPTL 7-2.6), it does not appear that the trustee's actions in removing the assets to other fiduciaries appointed pursuant to the laws of another jurisdiction under court supervision actually worked any injury to the beneficiary or to the trust estate. This is not to say that this action, taken without application to the courts of this State...

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