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JACOBSON v. MOTA

16 A.D.3d 281 (2005)

791 N.Y.S.2d 414

MARLEE-JO JACOBSON, Appellant, v. DIANE MOTA et al., Respondents.

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

March 24, 2005.

The court did not improvidently exercise its discretion in refusing to remove the executrix (see SCPA 711), since the petition provided insufficient grounds and only conclusory allegations of a serious breach of fiduciary duty that might endanger the estate (see Matter of Duke, 87 N.Y.2d 465, 473 [1996]). Claims relevant to the administration of the estate are more properly raised in the executor's accounting proceeding. The...

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