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In this estate, the sole remaining named trustee of a testamentary trust requested permission to resign due to health issues. By decision dated May 12, 2011, the court, inter alia, directed the petitioner to settle a decree granting the application including appointing Lisa S. Jamison, one of the petitioner’s daughters, as successor trustee upon her filing a bond in the penal sum of $65,500 (Matter of Adler, NYLJ, May 17, 2011, at 26, col 3). The petitioner never settled a decree and instead filed an amended petition requesting that another of her daughters be added as co-trustee of that trust to enable the trustees to obtain a bond. The petitioner also requests that the amount of the required bond be reduced to reflect the present value of the trust assets.

The guardian ad litem for the beneficiary under a disability recommends approval of the application. The nominated successor trustee and the two former co-trustees/remaindermen consent to the relief requested.

 
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