Surrogate John Czygier

Decedent’s nephew, a 20 percent residuary beneficiary, sought an order directing executrix Deveau to make a partial distribution to him as a beneficiary, and another distribution as the sole distributee and executor of his mother’s estate, a 40 percent residuary beneficiary. An accounting was filed by Deveau showing distributions were made in 2010 to the other beneficiary, her father, John, as well as to petitioner’s mother, and petitioner. But the accounting shows additional cash distributions made to John, including a car, but no other distributions to petitioner or his mother. The court noted this application was unopposed. It stated a fiduciary has a general duty to deal impartially with the beneficiaries of an estate or trust, owing an undivided loyalty to each. Thus, the court stated because a distribution was made to one residuary beneficiary, an equal distribution was to be made to petitioner and his mother. Therefore, the court ruled petitioner and his mother’s estate were entitled to interest on the distribution made to John, and such interest payments, at the rate of 6 percent annually, were to be made by Deveau personally as a surcharge against her.