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Surrogate Pagones Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=122361 PETITIONER administrator petitioned for a decree authorizing him to purchase certain real estate formerly owned by decedent. Decedent died intestate and was survived by two out-of-wedlock children of petitioner and decedent. Petitioner was the guardian of the property for each child. The court previously denied petitioner’s application to permit him to transfer the subject property for the benefit of decedent’s niece, so as to carry out decedent’s wishes. That court stated that title to the property vested in decedent’s children as tenants in common, and the property did not become an asset of the estate subject to administration. This court noted that petitioner, as guardian, was a fiduciary with the duty of undivided loyalty, a duty against self-dealing. It noted a common breach of the standard of undivided loyalty occurred in the sale of estate property by a fiduciary to himself. The court found petitioner’s status as a guardian of the property of decedent’s only distributees created an obvious conflict of interest. It stated petitioner’s fidelity was owed exclusively to the two children, the lawful owners of the property in question, not decedent’s pre-death intentions concerning her niece. Thus, the petition was denied.

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