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MATTER OF GREGORY STEWART TRUST v. STEWART

10145, 3833/05, 10146, 4776/05, 4775/05, 4777/05.

109 A.D.3d 755 (2013)

974 N.Y.S.2d 11

2013 NY Slip Op 6079

In the Matter of GREGORY STEWART TRUST et al. BARBARA STEWART, Respondent-Appellant, v. WILLIAM P. STEWART, JR., et al., Appellants-Respondents.

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

Decided September 26, 2013.

Petitioner, Barbara Stewart (trustee), was removed as cotrustee of four trusts, the beneficiaries of which are her four children, in 2012 for misconduct that occurred primarily after 2005. On appeal, she is seeking commissions pursuant to SCPA 2309 (2) for 2003, 2004 and 2005. Respondents, three of the trustee's children and beneficiaries of the trusts (beneficiaries), oppose granting her commission for these years.

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