A heated battle over the will of diet guru Robert C. Atkins took a new turn last week when a Manhattan surrogate made the unusual move of granting a request by Dr. Atkin’s widow to remove three co-trustees appointed to oversee a marital trust valued at several hundred million dollars.
Surrogate Troy K. Webber noted that “the stigma of removal is serious enough that a court should decline to subject a fiduciary to it—unless and until there is no genuine factual issue to prevent the conclusion is either unwarranted or unavoidable for the sake of a trust.” But the judge concluded that there was “incontrovertible evidence of a level of vitriol between petitioner and respondents that would inevitably burden respondents’ decision-making qua fiduciaries…
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