MATTER OF EPSTEIN


277 A.D.2d 452 (2000)

715 N.Y.S.2d 904

In the Matter of the Estate of FELIX EPSTEIN, Deceased. PETER R. EPSTEIN, Appellant; SONIA MAUTHNER, Respondent.

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

Decided November 27, 2000.


Ordered that the order is affirmed, with costs.

Contrary to the petitioner's contention, the respondent Sonia Mauthner had standing to object to the accountings filed by the petitioner, since she was a contingent remainderman with an interest subject to a condition precedent (see, Benjamin v Morgan Guar. Trust Co., 163 A.D.2d 135; Matter of Morse, 177 Misc.2d 43; see also, Matter of Webb, 194 App Div 915). Moreover, the determination as to whether a fiduciary's conduct measures up to the appropriate standards of prudence, vigilance, and care is generally an issue to be determined by the trier of fact (see, Matter of Donner, 82 N.Y.2d 574; Matter of Hubbell, 302 N.Y. 246; Matter of Janes, 223 A.D.2d 20; Matter of Yarm, 119 A.D.2d 754).

In light of these findings, the petitioner's remaining contentions need not be addressed.


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