Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

New York County, Surrogate's Court: January 9, 2023

Decision & Order decided on:January 4, 2023

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ESTATE OF MAMDOUHA S. BOBST, Grantor (15-4099/A) — At the call of the December 6, 2022 calendar, the return day of competing dispositive motions in the proceeding commenced by Patricia Nixon Cox and Carlton Rochell, Jr., co¬trustees of the October 21, 2002 Tenth Amendment and Restatement of the Trust (as amended on December 8, 2003 and May 19, 2008), created by Mamdouha S. Bobst under a declaration of trust, dated November 9, 1988, to compel the four charitable remainder beneficiaries of the trust to comply with a refunding agreement in the receipt and release, executed in April 2018, the court directed the parties, as follows. Petitioners/Movants shall serve and file a supplemental memorandum of law in support of their motion for summary determination (see CPLR 3212) by January 13, 2023, and Objectants/Cross-Movants shall serve and file a supplemental memorandum of law in opposition to the motion and in support of their cross-motion by February 3, 2023, in which they address these two questions: (1) Why do the legal fees incurred by Petitioners as co-executors of the will of Mamdouha Bobst in the Supreme Court action constitute a claim against Petitioners as trustees of her inter vivos trust, such that the trustees would be entitled to payment from the charities under the refunding agreement? (2) Assuming that: (a) the legal fees incurred by Petitioners as co-executors constitute a claim against themselves as trustees of her inter vivos trust, and that (b) Petitioners are entitled to a refund from each of the four charities, pursuant to the refunding agreement, to what extent, if any, is the reasonableness of the sum requested — “at least $100,000 [from] each” charity — subject to court review at this juncture? This decision constitutes the order of the court. Clerk to notify. Dated: January 4, 2023

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2025
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
BANKRUPTCY AND COMMERCIAL LITIGATION ATTORNEY Philadelphia, PA or Wilmington, DE (2-5 years experience)

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Personal Injury Attorney

Gill & Chamas, LLC seeks a Personal Injury attorney to work in their Woodbridge, NJ office. Candidate must possess the following: ...


Apply Now ›
Finance/Corporate Trust Attorney - CT or Remote

We are seeking an attorney with a minimum of four years of experience in transactional work to join our well-established, nationally renowne...


Apply Now ›
Go to Lawjobs