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ESTATE OF MARY HILSON WOLF, Deceased

ESTATE OF MARY HILSON WOLF, Deceased (87/1848/Y/Z/AA) — Hugh Levey, former co-trustee of the trusts under Articles FOURTH, FIFTH, and SIXTH of the will of Mary Hilson Wolf for the primary benefit of Wendy Levey and her issue, has moved for an order: (1) dismissing Wendy's petition to compel him to account (see SCPA 2205) and (2) directing Wendy to pay his legal fees of $5,000. Hugh Levey served as successor co-trustee of these trusts until the court granted him leave to resign by decrees dated November 13, 2015.

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ESTATE OF MARY HILSON WOLF, Deceased (87/1848/Y/Z/AA) — Hugh Levey, former co-trustee of the trusts under Articles FOURTH, FIFTH, and SIXTH of the will of Mary Hilson Wolf for the primary benefit of Wendy Levey and her issue, has moved for an order: (1) dismissing Wendy’s petition to compel him to account (see SCPA 2205) and (2) directing Wendy to pay his legal fees of $5,000. Hugh Levey served as successor co-trustee of these trusts until the court granted him leave to resign by decrees dated November 13, 2015.

Hugh argues that the petition should be dismissed based on documentary evidence (see CPLR 3211 [a] [1]), specifically, the hand-written “Rider 2″ to the October 27, 2016 “Stipulation of Settlement,” executed by Hugh and Wendy in settlement of their divorce proceeding, filed with the New York County Supreme Court. “Rider 2″ reads, in pertinent part: “Hugh Levey, Wendy Levey, Evan Levey and Mariel Levey hereby release any and all claims they may have against one another in any capacity.” This rider was executed by Hugh and Wendy and their children, Evan and Mariel.

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