MATTER OF ACKER

File No. 603/09, 2013-08047.

124 A.D.3d 769 (2015)

In the Matter of STANLEY ACKER, Deceased. KAREN ACKER et al., Appellants; ARLENE ACKER, Respondent.

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

Decided January 21, 2015.


Ordered that the order is reversed, on the law, with costs, and Arlene Acker's renewed motion for summary judgment is denied.

In this compulsory accounting proceeding, Arlene Acker (hereinafter Arlene), the surviving wife of the decedent, moved for summary judgment directing the appellants, who are coexecutors of the decedent's estate and cotrustees of a certain revocable lifetime trust, to fund a certain marital trust. The Surrogate's Court denied the motion, "without...

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