THE ESTATE OF RICHARD M. SCHWARZ, Deceased

THE ESTATE OF RICHARD M. SCHWARZ, Deceased. (08/3542/A, B) — Before the court are competing petitions seeking successor fiduciary letters in the estate of Richard Schwarz. The executor, Lawrence Wender, died on November 22, 2014 and the fiduciary of Wender's estate has petitioned for Letters of Administration c.t.a. The nominated successor executors, siblings of Schwarz, filed a crosspetition seeking successor letters testamentary. Wender's fiduciary, as petitioner, speculates that the nominated successor executors, if appointed as Wender's successor, would be slow to administer Wender's interest in the estate, whether out of malice or as a tactic in relation to claims that petitioner anticipates they plan to raise against his estate.

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THE ESTATE OF RICHARD M. SCHWARZ, Deceased. (08/3542/A, B) — Before the court are competing petitions seeking successor fiduciary letters in the estate of Richard Schwarz. The executor, Lawrence Wender, died on November 22, 2014 and the fiduciary of Wender’s estate has petitioned for Letters of Administration c.t.a. The nominated successor executors, siblings of Schwarz, filed a crosspetition seeking successor letters testamentary. Wender’s fiduciary, as petitioner, speculates that the nominated successor executors, if appointed as Wender’s successor, would be slow to administer Wender’s interest in the estate, whether out of malice or as a tactic in relation to claims that petitioner anticipates they plan to raise against his estate.

A basic principle governing the adjudication function in estate proceedings is to effectuate the testator’s intent. (See, In re Marine Midland Bank, N.A., 74 N.Y.2d 448, 451 [1989]). Here, where the testator specifically identified his three siblings to serve should Wender “die, fail to qualify, resign or become for any reason incapable of acting[,]” and the objectant has provided only speculation and innuendo in opposition to the cross-petition, successor letters will issue to the nominated successor executors. (See, In re Duke, 87 N.Y. 2d 465, 473 [1996], citing Matter of Leland, 219 N.Y. 387, 392 [1916]; Mtr of Gottlieb, 75 A.D. 3d 99, 107 [1st Dept 2010]).

THE ESTATE OF RICHARD M. SCHWARZ, Deceased

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