Surrogate Nora Anderson
Six discovery-related motions were pending in the instant accounting proceedings by trustees of the trust established under Article SIXTH in the will of Michael Modell. Modell’s wife, along with his brother Mitchell and friend Joel, are co-trustees of the Article SIXTH trust as well as other related trusts. The Article SIXTH trust provided that, during the life of Modell’s wife, she would receive income from the trust (and principal in the trustees’ discretion) and, upon her death, the remainder be distributed to decedent’s children either outright or in trust, depending on their age. The principal asset of the Article SIXTH trust is decedent’s approximately 50 percent ownership interest in retailer Modell’s Sporting Goods. Decedent’s wife sought an order compelling co-trustees to produce documents in response to demands in her notice of discovery and inspection. Decedent’s wife asserted that co-trustees failed to produce documents relating to charitable donations made by Modell’s, adding that they are relevant to determine whether those donations served a legitimate business purpose or instead provided additional personal benefits for Mitchell and several family members. The court directed co-trustees to produce all such documents.
