MATTER OF SVENNINGSEN

2010-11057, 2010-11113, 2010-11114.

105 A.D.3d 164 (2013)

959 N.Y.S.2d 237

2013 NY Slip Op 751

In the Matter of JOHN SVENNINGSEN, Deceased. MARYANN CAMPBELL et al., Respondents, ELISABETH ANNE SVENNINGSEN et al., Appellants, EMILY FUQUI SVENNINGSEN, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 6, 2013.


Attorney(s) appearing for the Case

Cahill Gordon & Reindel, LLP, New York City ( David G. Januszewski and Joan Murtagh Frankel of counsel), for Fanny Warren and another, appellants.

Wiggin and Dana, LLP, New York City ( Robert W. Benjamin , Steven B. Malech and Kim E. Rinehart of counsel), for Elisabeth Anne Svenningsen and others, individually and as virtual representatives of Melissa Anne Svenningsen and another, appellants.

Bertine, Hufnagel, Headley, Zeltner, Drummond & Dohn, LLP, Scarsdale ( Stephen Hochhauser of counsel), for respondents.

Carton & Rosoff, P.C., White Plains ( Robin D. Carton of counsel), Attorney for the child.

MASTRO, J.P., CHAMBERS and MILLER, JJ., concur.


OPINION OF THE COURT

AUSTIN, J.

These consolidated appeals present a case of first impression regarding the rights and interests of an adopted child in irrevocable trusts and the estate of her first adoptive father, whose surviving spouse surrendered the child for a second adoption to the petitioners nearly eight years after the first adoptive father's death and nearly seven years after the admission of his will to probate.

In March 1996, the decedent...

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