MATTER OF CHAPPELL

2600-2008

25 Misc.3d 704 (2009)

883 N.Y.S.2d 857

2009 NY Slip Op 29338

In the Matter of the Trusts Created by MARY R. CHAPPELL, as Settlor.

Surrogate's Court, New York County.

Decided July 13, 2009.


Attorney(s) appearing for the Case

Carter Ledyard & Milburn, LLP (Theodore Wagner of counsel), for petitioner.

Asher H. Miller, guardian ad litem.

McCanliss & Early, LLP, for Clayton C.C. Wheat and others, respondents.

John P. James for Stamford Memorial Hospital, respondent.

Gerard I. Carp for Estate of Clayton E. Wheat, Jr.


OPINION OF THE COURT

KRISTIN BOOTH GLEN, S.

This is a contested proceeding by Bank of America, N.A., as trustee, for advice and direction regarding the distribution of the remainder of three inter vivos trusts created by Mary R. Chappell. The trustee asks the court to determine whether the powers of appointment granted in each of the trusts to the settlor's granddaughter, Mary Chappell Wheat, were validly exercised, and whether the trusts' assets are subject...

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