MATTER OF WITHERILL


306 A.D.2d 674 (2003)

761 N.Y.S.2d 698

In the Matter of the Estate of DOROTHY C. WITHERILL, Deceased. CENTRAL NEW YORK COMMUNITY FOUNDATION, INC., Respondent; ESTATE OF DOROTHY C. WITHERILL, Deceased, et al., as Cotrustees of the DOROTHY C. WITHERILL CHARITABLE REMAINDER TRUST, Appellants. (And Two Other Related Proceedings.)

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

Decided June 12, 2003.


Rose, J.

In 1995, Dorothy Witherill established three charitable remainder trusts. Upon her death, respondent E. Tefft Barker (hereinafter respondent) became the sole trustee of two of the trusts and cotrustee of the third with respondent Bessemer Trust Company (hereinafter Bessemer). Petitioner, the charitable remainder beneficiary under each trust, then applied to Surrogate's Court for intermediate accountings. Respondent objected, arguing that Surrogate's Court...

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