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MATTER OF MALOY

File No. 2013-1494/E.

75 Misc.3d 390 (2022)

167 N.Y.S.3d 719

2022 NY Slip Op 22100

In the Matter of the Estate of ANN B. MALOY, Deceased, in a Proceeding for Breach of Fiduciary Duty.

Surrogate's Court, Monroe County.

Decided April 6, 2022.

Attorney(s) appearing for the Case

Kroll Law Firm, LLP, Rochester ( Marcus W. Kroll of counsel), for Richard Maloy and another, petitioners.

Finger Lakes Legal, Inc. ( Michael A. Rose of counsel) for Charles T. Maloy , respondent.

Pullano & Farrow, PLLC, Rochester ( Christian Valentino of counsel), for Canandaigua National Bank, respondent.

OPINION OF THE COURT

Richard Maloy and Laurie Maloy, two of the three contingent remainder beneficiaries under a trust created by their late mother, Ann B. Maloy, brought a proceeding by way of a verified petition seeking to hold the executor of their mother's estate, Charles T. Maloy,1

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