MHL ARTICLE 81 - New York State Unified Court System

denied reformation but permits creating of payback trusts. See also,
Matter of Katherine H. Mortimer, NYLJ, p. 24, col 5, 6/15/04 (Surr. Preminger)(NY
County)(also denying reformation).
Matter of Ciraolo, NYLJ, p. 31, 2/9/01 (Surr. Ct., Kings Cty .) (Feinberg, J.)
Court permits reformation stating: “it is divorced from the realities of life to presume that if the
testator were aware of the facts as they now exist, he would desire to pay the immense cost for his
child’s care in preference to having society share his burden. (Citing Matter of Escher)
Matter of Henry J. Winski, NYLJ, 6/30/03, p.33, col. 1
Example of reformation of testamentary trust into SNT. (No discussion)
Article: Departing from Terms of a Trust : Doctrine of Equitable Deviation Comes into Play,
NYLJ p. 1 , vol. 234 , Oct 3 , 2005
h. Trustee Compensation/Legal Fees
S.D. v 2150 LLC, 33 Misc3d 1201A, 2011 N.Y. Misc. LEXIS 4553 (Sup. Ct., Bronx Cty., 2011)
Supreme Court denied SNT trustee’s application to approve a trustee compensation agreement,
noting that in the absence of a court order or provision in the ward’s infant compromise order,
compensation shall be in accordance with SCPA § 2309.
nd
Matter of Marion C.W., 83 AD3d 1089; 925 N.Y.S.2d 558 (2 Dept., 2011)
Appellate Division affirms Supreme Court’s award of attorney’s fees to non-party trustee of the
AIP’s trust, noting that it is proper for the court in which the trust litigation is conducted to determine
the amount and source of counsel fees in that litigation.
Matter of the Application of Wachovia Bank, N.A, as trustee of the Article Sixth Trust of the
Will of Edith M. Leslie , NYLJ, Sept. 9, 2008, p. 36, col. 6 (Surr Ct. NY Cty., Surr. Glen)
Although it had initially been contemplated that the Surrogate would retain jurisdiction over an SNT
established in decedent's will for the benefit of her disabled daughter, given that there was also an
Art. 81 guardian and therefore continuing jurisdiction of Supreme Court over the guardianship, and
given that the trustee of the SNT was the same person as the guardian, issues regarding commissions
of the SNT trustee were to be addressed in Supreme Court consistent with MHL 81.28.
Matter of Sussman, NYLJ, p. 25, 9/7/04 (Surr. Ct. Westchester Cty)(Surr. Scarpino)
Counsel fees set by court upon Affirmation of Services and paid from the funds earmarked for the
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