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ESTATE OF RALPH CARTER Deceased

ESTATE OF RALPH CARTER Deceased. (372/09) — In this contested accounting proceeding, the Objectants, Tanya Carter, Jonathan Carter and Monica Carter, seek to have returned to the Estate $265,000.00 plus surcharges totaling $39,529.00 together with counsel fees in the sum of $41,000.00, claiming wrongdoing on the part of the fiduciary, Claude Grubbs. Although the fiduciary denies any wrongdoing, he fails to account for more than $263,000.00 simply missing from his accounting. To protect the fiduciary's constitutional rights, the hearing on the objections to the accounting, conducted before the Surrogate, was halted by the Court before Mr. Grubbs could testify as to any criminal wrongdoing.

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ESTATE OF RALPH CARTER Deceased. (372/09) — In this contested accounting proceeding, the Objectants, Tanya Carter, Jonathan Carter and Monica Carter, seek to have returned to the Estate $265,000.00 plus surcharges totaling $39,529.00 together with counsel fees in the sum of $41,000.00, claiming wrongdoing on the part of the fiduciary, Claude Grubbs. Although the fiduciary denies any wrongdoing, he fails to account for more than $263,000.00 simply missing from his accounting. To protect the fiduciary’s constitutional rights, the hearing on the objections to the accounting, conducted before the Surrogate, was halted by the Court before Mr. Grubbs could testify as to any criminal wrongdoing.

Accordingly, inasmuch as Mr. Grubbs, in his accounting, admits that more than $263,000.00 is missing from the Estate, without explanation, his Letters of Administration CTA, heretofore issued herein, are hereby revoked. Furthermore, the objections are granted, as is the relief sought by the Objectants in the Note of Issue. Finally, the fiduciary is directed to turn over to counsel for the Objectants, Bartels & Feureisen, LLP, the sum remaining on hand, $24,809.82, plus any interest earned, along with the remaining proceeds from the sale of the real property, currently in an attorney escrow account.

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