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MATTER OF DUELL

258 A.D.2d 382 (1999)

685 N.Y.S.2d 686

In the Matter of the Estate of MANNY E. DUELL, Deceased. ANDREW J. DUELL, as Executor, Appellant; THEA DUELL et al., Respondents, et al., Respondents.

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

Decided February 23, 1999.

In light of the demonstrated antagonisms between appellant co-trustee and the trust beneficiaries, and between appellant and his co-trustee, and the evidence establishing that those antagonisms resulted in actions by appellant co-trustee interfering with the proper administration of the estate, and upon the proof tending to demonstrate that future cooperation was unlikely, the Surrogate's determination to remove appellant as co...

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