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ESTATE OF NORMAN G. WENNAGEL FAMILY TRUST

ESTATE OF NORMAN G. WENNAGEL FAMILY TRUST. (12/4341/D) — Before the court is a motion, filed by objectants in the captioned contested accounting proceeding, for an order granting summary judgment concerning the following: (1) denying approval of the account, and granting the objections thereto; (2) requiring payment of all sums remaining in the trust to objectants; (3) surcharging petitioner and directing the payment of $198,956.45, or such greater sum as may be found due; (4) denying commissions, attorneys fees, costs, and expenses to petitioner; (5) awarding interest at the rate of 9 percent per annum; (6) awarding punitive damages; (7) conforming the pleadings to the proof; and (8) awarding attorneys fees to objectants together with costs and disbursements. Petitioner opposes the motion.

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ESTATE OF NORMAN G. WENNAGEL FAMILY TRUST. (12/4341/D) — Before the court is a motion, filed by objectants in the captioned contested accounting proceeding, for an order granting summary judgment concerning the following: (1) denying approval of the account, and granting the objections thereto; (2) requiring payment of all sums remaining in the trust to objectants; (3) surcharging petitioner and directing the payment of $198,956.45, or such greater sum as may be found due; (4) denying commissions, attorneys fees, costs, and expenses to petitioner; (5) awarding interest at the rate of 9 percent per annum; (6) awarding punitive damages; (7) conforming the pleadings to the proof; and (8) awarding attorneys fees to objectants together with costs and disbursements. Petitioner opposes the motion.

All discovery, has been completed. The record before the court consists of the pleadings filed with the court: the motion with exhibits, opposition with exhibits, and reply papers with exhibits. For the reasons set forth below respondents’ motion is granted in part and denied in part.

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