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IN THE MATTER OF THE APPLICATION TO COMPEL JAMES FENNELL AND JANE STANTON HITCHCOCK, EXECUTORS OF THE WILL OF JOAN A. STANTON, Deceased, to Account pursuant to SCPA 2205 (09-2111/A) — Before the court at the call of the calendar on January 9, 2018, was the petition of Agnieszka Stanton, in her capacity as the legal guardian of Conrad Stanton, to compel the account of the co-Executors of the will of Joan A. Stanton, respondents James Fennell and Jane Stanton Hitchcock, as well as respondents’ motion to dismiss the petition on grounds of documentary evidence, lack of standing, and failure to state a claim.After hearing from the parties, the court granted respondents’ motion to dismiss for lack of standing. Conrad Stanton is the beneficiary of a separate trust created under a lifetime trust agreement created by decedent (the Joan A. Stanton 2006 Revocable Trust) into which decedent’s probate estate pours pursuant to the terms of her will, but he is not a beneficiary of decedent’s estate, and neither of these respondents is presently the trustee of the separate trust created for his benefit1 (see SCPA 2210[7], [10]).The petition to compel the co-Executors to account was, accordingly, denied.This decision, together with the transcript of the January 9, 2018 proceedings, constitutes the order of the court.Dated: February 20, 2018

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