While the appellate courts have been busy over the past year with a variety of issues, importantly, many of the matters affected the fields of trusts and estates. This month’s column will examine those opinions, addressed to such issues as the scope of discovery proceedings and the statute of limitations, jurisdiction, due execution, and the termination of trusts.
Scope of Discovery
In Matter of Perelman, the Appellate Division, First Department, unanimously reversed an order of the Surrogate’s Court, New York County (Anderson, S.), which, inter alia, denied the respondents’ motion to dismiss the executor’s amended petition to the extent it sought discovery, pursuant to Surrogate’s Court Procedure Act (SCPA) §2103, of the decedent’s ownership interests, if any, in family-owned businesses. The respondents were the corporate entity, Hudson News Company, one of the family-owned businesses, as well as the brother and nephews of the decedent against whom the discovery proceeding was instituted.
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