MATTER OF KING


194 A.D.2d 726 (1993)

599 N.Y.S.2d 295

In the Matter of The Estate of Martin H. King, Deceased. Nancy King, Respondent; A. William King, Appellant. In the Matter of The Estate of Vivien King, Deceased. Nancy King, Respondent; A. William King, Appellant

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

June 21, 1993


Ordered that the orders are affirmed, with one bill of costs payable by the appellant personally.

The appellant argues that the petitioner's application for a compulsory accounting with respect to the estate of Martin H. King is barred by the Statute of Limitations. We disagree. There are questions of fact as to whether the appellant is a de facto fiduciary under the will of his deceased father. Assuming, arguendo, that the appellant is in fact a fiduciary...

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