In re the Estate of Gerster
Opinion of the Court
—Order, Surrogate’s Court, New York County (Eve Preminger, S.), entered on or about December 7,1999, which granted the Trustees’ motion for summary judgment dismissing appellants’ objections filed against the Trustees’ final account, unanimously affirmed, with costs.
The opinion offered by appellants’ expert did not succeed in demonstrating that the Trustees made imprudent investments, either under EPTL 11-2.2 or under EPTL 11-2.3, particularly since the expert failed to take into account payable capital gains taxes and the expenses paid yearly out of trust principal, or the fact that the two indices he considered as a point of comparison are solely equities-based, rather than the requisite “balanced portfolio.” Nor have we reason to accept the proposition that the investment in or retention of United States Treasury bills represents an imprudent investment (cf., Matter of Bankers Trust Co., 219 AD2d 266, lv dismissed 87 NY2d 1055; Matter of Miller, 116 AD2d 580, 581, lv dismissed 67 NY2d 609). Concur — Ellerin, J. P., Lerner, Saxe, Buckley and Friedman, JJ.
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