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ESTATE OF HARRY CHANG, Deceased

ESTATE OF HARRY CHANG, Deceased (03/3038/G) — At the call of the November 28, 2017 calendar, the court denied the motion of Diana Van Houtum, a co-executor of the will of Harry Chang, for summary denial of the petition of one of her co-executors, Julia C. Collins (see CPLR 3212). Movant failed to demonstrate that petitioner's request for an order directing movant to consent to a payment on account of petitioner's outstanding legal fees (see SCPA 2102 [6]) should be denied as a matter of law.

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ESTATE OF HARRY CHANG, Deceased (03/3038/G) — At the call of the November 28, 2017 calendar, the court denied the motion of Diana Van Houtum, a co-executor of the will of Harry Chang, for summary denial of the petition of one of her co-executors, Julia C. Collins (see CPLR 3212). Movant failed to demonstrate that petitioner’s request for an order directing movant to consent to a payment on account of petitioner’s outstanding legal fees (see SCPA 2102 [6]) should be denied as a matter of law.

Movant contended that a March 13, 2012 letter agreement, between petitioner and movant, whereby petitioner agreed not to make any payment from the estate account, “unless and until [movant had] approved same in writing,” precluded petitioner from seeking an order directing movant to “comply with such directions as the court may make whenever two or more fiduciaries disagree with respect to any issue affecting the estate” (SCPA 2102 [6]). Movant argued that, if the court were to grant the petition, the court “would effectively rewrite” the March 13, 2012 agreement to insert a requirement that movant not withhold consent unreasonably. A co-executor, however, is duty-bound to act reasonably, in the best interests of the estate (see Meinhard v. Salmon, 249 NY 458, 462 [1928]), and the court has broad discretion to ensure that she does so.

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