Cases of Interest – 10-26-17 Cases of interest – 10-26-17
In In re Goodman, 149 A.D.3d 649, 52 N.Y.S.3d 363 (1st Dep’t 2017) the trustee sought judicial settlement of an accounting what showed principal distributions to the grantor. Other beneficiaries filed objections to those distributions. The Surrogate dismissed the objections. The objectants appealed and the Appellate Division affirmed the lower court decision. The Court held that the trustee made a prima facie showing that the trustee acted in good faith, honestly and with a proper motive which is all that is required to preclude judicial interference with a decision to exercise discretion.