IN MATTER OF APPLICATION BY PUBLIC ADMINISTRATOR AS SUCCESSOR TRUSTEE BY SIMMONS


17 Misc.3d 161 (2007)

844 N.Y.S.2d 598

In the Matter of an Application by the PUBLIC ADMINISTRATOR for Appointment as Successor Trustee of a Trust under Declaration by SHIRLEY J. SIMMONS, as Grantor.

Surrogate's Court, New York County.

July 16, 2007.


Attorney(s) appearing for the Case

Bekerman & Reddy, New York City, for Public Administrator of County of New York.

John J. Nobile, pro se.


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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