DECISION In this proceeding, petitioner, Nicholas J. Hadley, a co-trustee of a trust created under Article SEVENTH of the will of this decedent, seek leave to resign and the appointment of CIBC National Trust Company as his successor, without bond. Petitioner requests that virtual representation, pursuant to SCPA 315(2), be invoked in order to dispense with service of process upon certain contingent interests, namely the grandchildren of decedent and several named charities. Petitioner asserts that the presumptive remainderpersons of the trust created under the will of this decedent adequately represent such interests. As a threshold issue, the court must determine whether the interests of these presumptive interests are sufficiently similar to adequately safeguard the interest of the contingent remainderpersons thereby permitting the dispensation of service of process upon them. With respect to class interests, SCPA 315(2) provides in pertinent part as follows: (a) Where an interest in the estate has been limited as follows, it shall not be necessary to serve process on any other person than as herein provided: (i) In any contingency to the persons who shall compose a certain class upon the happening of a future event, the persons in being who would constitute the class if such event had happened immediately before the commencement of the proceeding. (ii) To a person who is a party to the proceeding and the same interest has been further limited upon the happening of a future event to a class of persons described in terms of their relationship to such party, the party to the proceeding. Upon careful review of the record consisting of the petition, the decedent’s last will and testament and consents of the presumptive remainder interests, the court finds that the presumptive and contingent interests share similar economic interests, that there is no conflict of interest between them and that the presumptive remainderpersons will adequately protect the interests of the contingent remainderpersons in this proceeding (see Matter of Connable, 102 Misc2d 406; Matter of Goldstick, 177 AD2d 225). Accordingly, the court grants petitioner’s request to apply virtual representation. With the court having determined the adequacy of the virtual representation, jurisdiction has been obtained over those shown as necessary parties to this proceeding and no one has appeared in opposition to the relief requested by petitioner. CIBC National Trust Company, the proposed successor trustee, has consented to the relief as successor trustee in connection with this proceeding. The subject decedent’s will was duly admitted to probate in November of 1994 and letters of trusteeship of subject trust issued thereupon to petitioner and Ian Michel. Said letters remain in full force and effect. Pursuant to Article SEVENTH of decedent’s will, a trust was created for the lifetime benefit of his spouse, Robin. Upon the death of Robin, the trust terminates, if not having terminated sooner pursuant to the trustees’ invasion power, with the trust principal then remaining disposed of pursuant to Article EIGHTH or NINTH, as applicable. Article EIGHTH provides, after the payment of a bequest to two friends, that the trust principal then remaining be divided into as many shares as required to provide one share for each of decedent’s children then living and one share for the descendants then living of each of his children who is then deceased and if any such descendant is under age thirty to his trustees in separate trust. Article NINTH provides that to the extent that the any part of his estate or the remainder of any trust is not effectively disposed of pursuant to any other provision of his will, decedent gives such property to three named charities in equal shares. By agreement dated November 17, 2017, petitioner agreed to resign as trustee of subject trust before December 31, 2019. Pursuant thereto, petitioner desires to be relieved of his responsibility as trustee and is afforded the power to resign at any time under decedent’s will. Thus, he wishes to resign as trustee and nominates CIBC National Trust Company pursuant to the authority given them under Article SECOND of decedent’s will. The interested parties herein have consented to the requested relief, including dispensing with an accounting in connection with this proceeding. Upon a careful reading of the will and more specifically the trust provisions, the court finds that the appointment of CIBC National Trust Company as successor trustee to serve with the continuing trustee, Ian Michel, would not be in contravention thereof. There being no opposition, the petition seeking leave to resign and the appointment of a successor trustee is granted. Upon entry of the decree herein, the letters of trusteeship heretofore issued for the trust created under Article SEVENTH of decedent’s will shall be revoked and amended letters of trusteeship shall issue to CIBC National Trust Company and Ian Michel, upon qualification, without bond. At such time, petitioner shall turn over any and all assets of the trust within his control, including all books and papers, to CIBC National Trust Company and Ian Michel. The court dispenses with an accounting, but notes that petitioner will not be discharged without seeking such relief pursuant to Article 22 of the SCPA. Submit decree.
