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ESTATE OF GREGORY STEWART, as Grantor (05/3833/C) — This is an application by Special Referee Howard Levine, who asks the court to modify its order dated December 4, 2015, fixing his compensation for services rendered in this proceeding in the Gregory Stewart Inter Vivos Trust. The Special Referee asks the court to specify how the payment is to be allocated among the parties.

The underlying proceeding, which is still pending, was initiated by the trust’s grantor (a beneficiary) who seeks a surcharge against a removed fiduciary for allegedly damaging conduct occurring during the time that she served as trustee. Petitioner claims that the former trustee 1) misappropriated certain valuable items belonging to the trust; 2) refused to reimburse the trust for her personal travel expenses; and 3) required the trust to expend significant legal fees defending itself against positions she took in litigation which served her own, rather than the trust’s, interests. By Decision and Order dated December 28, 2011, the proceeding was referred to the Special Referee to hear and report. The referral was made because the case was directly related, factually and legally, to prior proceedings over which the Special Referee had presided.

 
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