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In re Estate of Wallens 9 N.Y.3d 117, 877 N.E.2d 960, 847 N.Y.S.2d 156 (N.Y.,2007)

Case Conclusion Date: 08.01.2008

Practice Area: Trusts

Outcome: The matter was sent back to the Surrogates Court

Description: Trust beneficiary filed objections to co-trustees' account of testamentary trust. The Surrogate's Court, Erie County, Barbara Howe, J., granted in part trustee's motion to dismiss objections and granted in part beneficiary's cross motion for summary judgment. Parties appealed. The Supreme Court, Appellate Division, 30 A.D.3d 962, 816 N.Y.S.2d 793, affirmed as modified. Parties appealed. The Court of Appeals held that: (1) education and medical expenditures fell within class of expenditures authorized by terms of trust, and (2) Surrogate Court should have held evidentiary hearing on breach of fiduciary duty issue.

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