Wednesday, September 24, 2008
Executor Did Not Violate Her Fiduciary Duty by Failing to Relinquish a Personal Interest in Favor of Estate
In Matter of Rockefeller, 44 A.D.3d 1170, 843 N.Y.S.2d 732, 2007 NY Slip Op 07949 (3d Dep’t 2007), the executor owned property abutting that of the estate. One of the estate’s beneficiaries claimed that the estate’s property had a perpetual easement over the executor’s property, which would have greatly enhanced the value of the estate’s parcel. Held: The executor was not obligated to relinquish her personal property rights in favor of th estate by acknowledging the existence of an easement when there was no deeded basis for such a claim.
Subscribe to:
Post Comments (Atom)
Posts
2 comments:
good hoot! read interestly... will be back again for more news...
http://www.jamessextonlaw.compw
another pertinent fact is that the deed creating the easement specifically stated that the easement was personal to the decedent and her late husband and was not to run with the land. This was our case and the main lesson of the case, as you will see if you read the decision, is that whatever you state in an email is likely to become evidence against you in court. Tim Thornton.
Post a Comment