In this proceeding in the estate of Robert C. Atkins, Dr. Atkins’ widow Veronica seeks, inter alia, removal of the three individuals who serve with her as trustees of the Marital Trust established under Dr. Atkins’ will and the appointment of a successor corporate co-trustee. Respondents are D. Clive Metz, John J. Mezzanotte, and John P. Corrigan. Presently before the court is Mrs. Atkins’ motion for summary removal pursuant to CPLR §3212.
Background
Dr. Atkins, the renowned physician who created the “Atkins Diet,” died on April 17, 2003, at the age of 72, as the result of a fall on an icy New York City sidewalk. He left an estate valued at several hundred million dollars. His will directed that 90 percent of his residuary estate be placed in a Marital Trust for Veronica Atkins, with the balance to be set aside for the benefit of the Dr. Robert C. Atkins Foundation, Inc. (the Foundation). The will also provided that the Trust remainder at Mrs. Atkins’ own death was to pass to the Foundation after payment of $10 million in specific bequests to various individuals. Mrs. Atkins, then 66 years old, was given a lifetime interest in the Trust income and, along with two other individuals, was named as a cotrustee. The trustees were vested with broad discretion to invade trust principal for Mrs. Atkins’ benefit.
