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

Decision & Order decided on:January 4, 2023

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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

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