Decision and Orders signed: March 29 – April 2, 2024 Surrogate Gingold
ESTATE OF ANNA U. WILLIS, Deceased (61-0784/A) — On February 7, 2020 citation first issued on the amended account for the period December 13, 1985 to March 6, 2016, of petitioner, JPMorgan Chase Bank, N.A. (hereinafter, “petitioner”), as trustee under the will of Anna U. Willis, deceased (hereinafter, “account”). Jurisdiction over the account was completed on September 30, 2020. As accounted for in Schedule C-l, Unpaid Administration Expenses, petitioner requests, among other things, that the court order the payment to two law firms: (i) $12,000 in estimated legal fees to Montgomery, McCracken, Walker & Rhoads, LLP and (ii) $1,500 in estimated costs and disbursements to Armstrong Teasdale, LLP. Pursuant to 22 NYCRR 207.45 an affirmation of services is required in any proceeding when the relief requested includes the determination of legal fees or expenses of counsel. The court records indicate that the Head Clerk of the Accounting Department has requested the affirmations of Montgomery, McCracken, Walker & Rhoads, LLP and Armstrong Teasdale, LLP multiple times in the past four years. Moreover, petitioner’s current counsel has indicated to the accounting department that neither firm is responding to their repeated requests for the required affirmations to support these fees and costs. Accordingly, it is hereby ORDERED that, the relief requesting the payment of $12,000 in estimated legal fees to Montgomery, McCracken, Walker & Rhoads, LLP is denied (SCPA 209[4]); and it is further ORDERED that, the relief requesting the payment of $1,500 in estimated costs and disbursements to Armstrong Teasdale, LLP is denied (SCPA 209[4]; and it is further ORDERED that, petitioner shall settle its accounting decree upon on Montgomery, McCracken, Walker & Rhoads, LLP and Armstrong Teasdale, LLP. This decision constitutes the order of the court. The clerk of the court shall email this decision and order to counsel at the foot hereof. Dated: April 2, 2024
