In Re Freihofer

658 N.Y.S.2d 811 (1997)

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Nature of the Case

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Facts

Charles died testate. He was survived by his spouse, Phoebe, and two sons, Andrew and Stephen. The entire estate passed to Phoebe. Under renunciation, a portion of the decedent's estate passed into testamentary trusts for the benefit of Andrew and Stephen. Alan Steiner (D) was the attorney-trustee. Andrew (P) filed a petition with this court seeking an order to compel D to account. D filed an answer seeking dismissal of the within petition to compel accounting on grounds that the claim had been released. P admitted he signed a release but unbeknown at the time D, a member of the Board of Directors of Freihofer Baking, had a personal interest in the assets held by the testamentary trust that may have been in conflict with P's best interest. P argued the failure of the trustee-attorney D to fully disclose the many and potentially conflicting roles he played in the sale of Freihofer Baking, the stock of which constituted the testamentary trust assets now in question, voids any receipt release and waiver he may have obtained from his beneficiary, particularly since he sought his own discharge from liability to that beneficiary while at the same time representing that beneficiary individually.