In re the Estate of Morrison
Cases that cite this one
3 later published cases cite this decision.
- Matter of Berlin (Appellate Division of the Supreme Court of New York 2016)
- Tirado v. Miller (Appellate Division of the Supreme Court of New York 2010)
- In re the Estate of Morrison (Appellate Division of the Supreme Court of New York 2000)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In a proceeding for an accounting, the nonparty, Leonard M. Morrison, appeals from an order of the Surrogate’s Court, Westchester County (Emanuelli, S.), dated November 9, 1998, which, inter alla, Ordered him to provide an accounting for the periods of time during which he served as the decedent’s attorney-in-fact and as administrator CTA of the decedent’s estate.
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 [1]; Matter of Stark, 233 AD2d 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.