In re Application Pursuant to SCPA 1502 of Vegvar, 2021-32869

CourtNew York Surrogate Court
Writing for the CourtHON. NELIDA MALAVE-GONZALEZ SURROGATE
Docket Number650459/2020,2021-32869
PartiesIn the Matter of the Application pursuant to SCPA 1502 of BEATRICE DE VEGVAR for the Appointment of a Successor Trustee of the Trust under Article THIRD (B) of the Last Will and Testament of EDWARD A. DE VEGVAR NEUMAN, Deceased No. 796P1970/A
Decision Date22 December 2021

In the Matter of the Application pursuant to SCPA 1502 of BEATRICE DE VEGVAR for the Appointment of a Successor Trustee of the Trust under Article THIRD (B) of the Last Will and Testament of EDWARD A. DE VEGVAR NEUMAN, Deceased No. 796P1970/A

No. 2021-32869

No. 650459/2020

Surrogate's Court, Bronx County

December 22, 2021


Unpublished Opinion

HON. NELIDA MALAVE-GONZALEZ SURROGATE

In this uncontested proceeding, the decedent's daughter petitions pursuant to SCPA 1502 (1) for appointment as successor trustee of a marital trust established pursuant to Article THIRD (B) of the decedent's will dated September 16, 1960 which was admitted to probate in 1970. The three primary trustees are now deceased and the two nominated successor trustees renounced their appointment. The petitioner, who was appointed Article 81 guardian pursuant to an order of this court dated June 14, 2002 for S.N.D., one of the decedent's sons who is under a disability and resides in a facility in Rockland County, also seeks authority to place a portion of S. N. D.'s guardianship and trust assets in a pooled trust and purchase a prepaid funeral plan for his benefit. Finally she seeks court approval for reimbursement for her payments of the legal fees and disbursements

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incurred on behalf of S. N. D., to be paid by deduction from his distributive share of the trust proceeds, and the services incurred to appoint a successor trustee to be paid by the trust. Jurisdiction was obtained over S. N. D., another son, Martin Neuman, Chase Bank, the Rockland County Attorney and Mental Hygiene Legal Service, Second Department, and there was no appearance on the virtual hearing date. Thereafter, Rockland County Department of Social Services consented to the application. The guardian ad litem appointed for S. N. D. also recommends its approval. The court has not received any opposition to date.

The decedent died on May 13, 1970. His will dated September 16, 1960 was admitted to probate in or about 1970. Letters of trusteeship issued to Geza de Vegvar (Geza), Ralph J. Gutman (Ralph) and Francis Neuman de Vegvar (Francis), (collectively, the Trustees), all of whom are now deceased. Under Article THIRD (B) of the instrument, one-third of the estate was bequeathed to the trustees of a trust for the benefit of the decedent's spouse, Gabrielle de Vevgar (Gabrielle) who was to be paid the trust's net income during her lifetime. Upon her death, the trustees were to divide the remaining principal into equal shares to be paid per stirpes to the decedent's children or their issue who were at least 30 years old, or be held in further trust for a trust beneficiary until the age of 30. A third son, Edward Neuman de Vegvar died in 1982 without issue.

Although the trust terminated upon Gabrielle's death on November 23, 1998, and the petitioner and the two sons who survived her

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were then over the age of 30, the trust assets have not been distributed because there are no remaining trustees. The three original co-trustees did not designate a qualified banking institution as successor trustee pursuant to Article FOURTEENTH (C) of the will. The two other successor trustees nominated in the instrument, Charles Henry Neuman de Vegvar and J. P. Morgan Chase Bank, N. A. Chase Bank (successor to The Chase Manhattan Bank) ("Chase Bank"), having filed renunciations, there are no other nominated successor trustees in the...

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