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ESTATE OF EDWIN S. LOWE, Deceased. (577 P 1986/A) — Movant, JPMorgan Chase Bank, N.A. (“JPMC”), is the petitioner in the underlying accounting proceeding, covering the period October 20, 2000, through June 30, 2010, in which it is accounting as both executor and trustee of all trusts created under the last will and testament of Edwin S. Lowe. This accounting was amended by petitioner. Objections to this account, as amended, were filed by Barbara Fodor (“Barbara” or “respondent”) and by Gail Lowe Maidman (“Gail”), Evan Adam Haymes (“Evan”), and Starr Elizabeth Haymes, now know as Starr Haymes-Kemplin (“Starr”). As relevant here, the objections center on the California Property, petitioner’s failure to sell such property, and the allocation of ownership of same.

JPMC filed a motion in which it seeks (a) entry of a partial summary judgment (1) declaring that the “Owners’ Agreement” is binding and enforceable, (2) declaring and adjudicating that Gail Maidman has consistently held the majority of the interest in certain California property, and consequently dismissing Objections 1-3 and 31 of objectant Barbara Fodor and objection 1 of objectants Gail Lowe Maidman, Starr Haymes-Kemplin, and Evan Adam Haymes; and (b) the entry of a declaratory judgment (1) declaring that the procedures established in the Owners’ Agreement govern the management and disposition of the California property, and (2) directing the parties to proceed in accordance with those provisions.

 
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