OPINION OF THE COURT
RENEE R. ROTH, S.
This application by the Public Administrator seeking to be appointed successor trustee of an inter vivos trust raises an issue as to whether the Public Administrator may serve in such fiduciary capacity under the governing statute (SCPA 1101 et seq.).
The facts underlying the present application are briefly stated. Shirley J. Simmons created the trust in question by an instrument, dated April 16, 1992...
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