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IN THE MATTER OF STIEFEL v. MESSER

03-004.

2008 NY Slip Op 51744 (U)

IN THE MATTER OF THE APPLICATION OF FREDERICK W. STIEFEL as Successor Trustee of the EVELYN S. DICKERMAN Revocable Living Trust to trigger the In Terrorem Clause and assess attorney's fees and costs, among other things, v. KIMBERLY MESSER, individually and as the administratrix of the ESTATE OF WILLIAM STIEFEL.

Surrogate's Court of the City of New York, Ulster County.

Decided June 30, 2008.

Attorney(s) appearing for the Case

Corbally, Gartland & Rappleyea, LLP, By: Allan B. Rappleyea, Esq., Attorneys for Kimberly Messer.

Gellert & Klein, P.C., By: Lillian S. Weigert, Esq., Attorneys for Frederick Stiefel.

Rusk, Wadlin, Heppner & Martuscello, LLP, By: John G. Rusk, Esq., Attorneys for Yvonne Sherman.

MARY M. WORK, J.

Frederick Stiefel, as successor trustee of the Evelyn S. Dickerman Revocable Living Trust dated October 17, 1996 (the Trust), has petitioned to trigger the in terrorem clause, for surcharges against the Estate of William Stiefel and against Kimberly Messer, and to assess attorneys fees and costs. In lieu of answering, Messer, William's daughter and sole distributee, individually and as administratrix of the Estate of William Stiefel, moves to dismiss...

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