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IN THE MATTER OF ESTATE OF RUDIN

15 A.D.3d 199 (2005)

789 N.Y.S.2d 123

In the Matter of the Estate of EDWARD RUDIN, Deceased. JACK RUDIN et al., as Successor Trustees of the Trust Created for the Benefit of Lydia Heimlich Under the Last Will and Testament of Edward Rudin, Deceased, Respondents; DONALD HEIMLICH, Appellant.

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

February 3, 2005.

Contrary to objectant's contention, appointment of an independent auditor was not required before the final account could be approved. In his will, Edward Rudin specifically asked his executors and trustees to retain the Rudin companies' in-house accountant. In so doing, he waived any conflicts of interest that might arise from such an appointment.

Although objectant filed objections to the account submitted by the trustees...

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