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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46510 Justice Tolub UNDER A Dec. 10, 1969 trust, plaintiff was to receive the corpus of the trust upon turning 21 on Dec. 10, 1990. She was never informed of the trust’s expiration. Prior to Dec. 31, 1992 an account was opened pursuant to the Connecticut Uniform Gift to Minors Act. In 1994, plaintiff was allegedly deceived into signing a document pursuant to which her assets were placed in an irrevocable trust naming her grandfather as trustee. The court found that plaintiff’s grandfather, uncle and an attorney breached their fiduciary duties to her by failing to distribute the trust assets on her 21st birthday and by conspiring to conceal the nature of the 1994 document. Despite the trustee-defendants’ breach of their fiduciary obligations in 1990 and 1994, the court held that under the six-year statute of limitations for fraud plaintiff’s claim for rescission was time-barred. Noting plaintiff’s lack of a valid excuse for failing to read the 1994 document, the court citing Sofio v. Hughes, held that she was bound by that document’s terms.

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