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MATTER OF HUNTER

4 N.Y.3d 260 (2005)

827 N.E.2d 269

794 N.Y.S.2d 286

In the Matter of the Estate of BLANCHE D. HUNTER, Deceased. CHASE MANHATTAN BANK, as Trustee of the Trust Under Paragraph EIGHTH (B) of the Will of BLANCHE D. HUNTER, Deceased, for the Benefit of PAMELA TOWNLEY CREIGHTON, Respondent; JUDITH CHINELLO et al., as Administrators C.T.A. of the Estate of PAMELA TOWNLEY CREIGHTON, Deceased, et al., Appellants.

Court of Appeals of the State of New York.

Decided March 24, 2005.

Attorney(s) appearing for the Case

Williams & Williams, Rochester (Mitchell T. Williams of counsel), for appellants.

Harris Beach LLP, Pittsford (Paul J. Yesawich, III, and Gregory J. McDonald of counsel), and Ruskin Moscou Faltischek, P.C., Uniondale (C. Raymond Radigan of counsel), for respondent.

Eliot Spitzer, Attorney General, New York City (Robert R. Molic and Gerald A. Rosenberg of counsel), in his statutory capacity under EPTL 8-14.

Sidley Austin Brown & Wood LLP, New York City (Eileen Caulfield Schwab, Roger J. Hawke, Darcy M. Katris and Kimberly A. Johns of counsel), and Roberta Kotkin for New York Bankers Association, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, READ and R.S. SMITH concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case we are required to decide whether the doctrine of res judicata applies to judicial proceedings settling an estate and a trust accounting, submitted by a bank that acted both as executor and as trustee. Under the facts and circumstances presented here, we conclude that the beneficiary of a separate testamentary trust managed by the same bank is precluded from raising objections to the fiduciary's actions that...

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