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In the Matter of Carol J. Alaimo et al., as Trustees of Trusts Created by the Last Will and Testament of Virginia E. Devereux, Deceased, Respondents. John E. Devereux, Appellant

New York Supreme Court, Appellate Division2001-11-09
288 A.D.2d 916732 N.Y.S.2d 819

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Opinion

majority opinion

—Order unanimously affirmed with costs. Memorandum: Surrogate’s Court properly dismissed the cross petition of respondent seeking an order directing petitioners to. adhere to the terms of decedent’s will in distributing the income from the Evans-Devereux Memorial Fund, a charitable trust created by article Eleventh of the will. Respondent, decedent’s grandson and a person in whose honor the trust was created, lacks standing to challenge petitioners’ administration of the trust (see generally, Aleo Gravure v Knapp Found., 64 NY2d 458, 465-466; Matter of James, 22 Mise 2d 1062, 1067-1068). Rather, standing to enforce the trust or challenge petitioners’ administration of it is restricted to the Attorney General (see, EPTL 8-1.1 [f]; 8-1.4; Matter of May, 213 AD2d 838, 839-840, Iv dismissed 85 NY2d 1032; Matter of De Long, 169 AD2d 1005, 1006, Iv denied 77 NY2d 809). (Appeal from Order of Erie County Surrogate’s Court, Mattina, S. — EPTL.) Present — Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.