KNOX v. HSBC BANK, USA


16 A.D.3d 199 (2005)

791 N.Y.S.2d 101

AVERY KNOX, Appellant, v. HSBC BANK, USA, Respondent.

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

March 15, 2005.


While an estate trustee's fiduciary duties to estate beneficiaries persist until the affairs of the estate are finally wound up (see Matter of Ryan, 294 N.Y. 85, 96 [1945]), and accordingly defendant trustee would have been obligated to seek court guidance if, in the course of concluding the estate's accounting and distribution, it became aware that plaintiff, the estate's sole beneficiary, was not legally competent, the record establishes that defendant had no notice...

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