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New York County, Surrogate's Court: March 1, 2019

New York County, Surrogate's Court: March 1, 2019

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Surrogate AndersonESTATE OF BENJAMIN COOK MARBLE, Deceased (02-1426/A) — At the call of the calendar in this proceeding to compel an accounting by the preliminary executor of the estate of Benjamin Cook Marble, the court determined that petitioner, the daughter of decedent’s sole distributee, did not have standing. However, given the circumstances, the court sua sponte directed Jennifer Sessler to file an account of her proceedings as preliminary executor, together with a petition for its judicial settlement, in 90 days (April 29, 2019).This decision, together with the transcript of the proceedings held on January 29, 2019, constitutes the order of the court.Dated: March 1, 2019

Surrogate MellaESTATE OF PATRICIA MARGARET CASEY, Deceased (14-1245/C/D) — Before the court is the petition of Christina Essaqi, a beneficiary under the will of decedent Patricia Margaret Casey, seeking the removal of executor Rosanne Vallar and the appointment of petitioner as administrator c.t.a.The petition is denied. Petitioner’s allegations in support of her request for the executor’s removal are almost identical to ones presented to the court in prior applications that petitioner herself discontinued. Petitioner’s allegations of misconduct and breach of fiduciary duty as a basis for removal are more appropriately addressed in the context of the accounting proceeding that has been commenced by the executor. Denial of this petition is without prejudice to renewal should the executor fail to cause citation to issue and complete service on all persons interested in the accounting proceeding, pursuant to SCPA 2210, without undue delay.This decision constitutes the order of the court.Clerk to notify.Dated: February 28, 2019

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