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PETITION BY RICHARD M. ROSEN, AS CO-EXECUTOR OF THE LAST WILL AND TESTAMENT OF SELMA M. ROSEN, Deceased, TO TURN OVER PROPERTY WITHHELD

PETITION BY RICHARD M. ROSEN, AS CO-EXECUTOR OF THE LAST WILL AND TESTAMENT OF SELMA M. ROSEN, Deceased, TO TURN OVER PROPERTY WITHHELD. (07/0261) — In this contested turnover proceeding (SCPA 2103), respondent co-executor seeks to dismiss the petition of her brother and co-executor based on his failures to respond to her demands for discovery. Movant also seeks costs, disbursements and attorneys fees related to this motion.

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PETITION BY RICHARD M. ROSEN, AS CO-EXECUTOR OF THE LAST WILL AND TESTAMENT OF SELMA M. ROSEN, Deceased, TO TURN OVER PROPERTY WITHHELD. (07/0261) — In this contested turnover proceeding (SCPA 2103), respondent co-executor seeks to dismiss the petition of her brother and co-executor based on his failures to respond to her demands for discovery. Movant also seeks costs, disbursements and attorneys fees related to this motion.

Decedent died on December 9, 2005, survived by her two children, a daughter and a son, the litigants here. Her will, dated April 3, 2003, has been admitted to probate. In the will, decedent left her tangible personal property to her daughter and son “in substantially equal shares,” directed that her remaining assets be transferred to a trust established on the same day, and named both of her children as co-executors. In the Trust Agreement, decedent named herself as the initial trustee and primary beneficiary, named her two children as successor trustees, and, similarly, directed distribution of the trust assets at her death to her issue, per stirpes. Despite the simplicity of decedent’s plan for distribution of her assets, the co-fiduciaries have failed to co-operate in accord with their fiduciary duties in the administration of the estate.

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