AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

In the Matter of NATHAN MORRISON, deceased. LEONARD M. MORRISON, nonparty appellant; SILK, BUNKS SUCKLE, P.C., objectant-respondent.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the appellant's contention, the Surrogate has the authority to require, on his own motion, a fiduciary to file an accounting in the best interests of the estate ( see, SCPA 2205; Matter of Stark, 233 A.D.2d 449). Here, the evidence demonstrated that the appellant, as the son of the decedent and an attorney-at-law, wielded a significant amount of influence over the decedent. This control was further exacerbated by the durable power of attorney granted by the decedent to the appellant. Thus, a fiduciary relationship existed and the Surrogate properly required the appellant to file an accounting in the best interests of the estate ( see, Matter of Stark, supra, at 450).

The appellant's remaining contentions are without merit.

MANGANO, P.J., ALTMAN, SCHMIDT, and SMITH, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF MORRISON
(Jan 27, 2000)