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MATTER OF SINZHEIMER v. BANK OF AM., N.A.

1418/15, 6415.

161 A.D.3d 414 (2018)

76 N.Y.S.3d 29

2018 NY Slip Op 03106

In the Matter of Andrew Sinzheimer et al., Appellants, v. Bank of America, N.A., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 1, 2018.

The Surrogate properly construed the subject trust instrument as written (see e.g. Matter of Chase Manhattan Bank, 6 N.Y.3d 456, 460 [2006]) to require Andrew to appoint a successor corporate trustee. The agreement states, "If after the death of Ronald, the individual Trustee removes the corporate Trustee..., the individual Trustee shall appoint another bank or trust company ... to serve in its place" (emphasis added).

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