IN THE MATTER OF ARMSTEAD v. MORGAN GUARANTY TRUST COMPANY


13 A.D.3d 294 (2004)

787 N.Y.S.2d 38

In the Matter of KIRAN ELIZABETH BUCKNER ARMSTEAD et al., Appellants, v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK, Respondent, et al., Respondents.

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

December 28, 2004.


Defendant Morgan administered 12 separate trusts for the settlor's grandchildren. Although the trustee's compensation was subject to the provision that it "shall be computed as if all the separate trusts hereunder constituted a single undivided trust," Morgan charged commissions based on the existence of 12 individual trusts, thereby collecting over $2.5 million in excess commissions over a 14-year period. When the error came to light in 2001, Morgan, after a two-month delay...

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