Surrogate Edward McCarty III
Decedent's son, Ronald, moved to dismiss the objections to his appointment as trustee of trusts created under the will filed by decedent's daughter, Leslie. The will created two trusts, one for the benefit of decedent's wife, Dorothy, and the other a supplemental needs trust for Leslie's benefit. Leslie alleged Ronald was unfit to serve as her trustee. Ronald disputed the allegations Leslie made, claiming there was no basis to disqualify him as a trustee. The court stated absent serious and bona fide allegations of misconduct, a testator's wishes on the appointment of a fiduciary would be honored. It noted disqualification was possible if friction between the nominated trustee and a beneficiary interfered with the proper administration of the estate, yet mere friction alone was insufficient grounds for removal. The court concluded Leslie's allegations did not demonstrate sufficient friction or hostility interfering with the administration of the trust, finding decedent nominated Ronald despite being aware of the siblings' relationship. It stated Leslie's allegations were conclusory, and insufficient to warrant a hearing. Thus, the court declined to interfere with the testator's choice of a fiduciary, granting dismissal of the objections.
