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MATTER OF TERIAN

7805N.

167 A.D.3d 431 (2018)

86 N.Y.S.3d 886

2018 NY Slip Op 08268

In the Matter of Peter G. Terian, Deceased. Juliana C. Terian, Respondent, et al., Petitioner, v. Robert Wurmbrand, Appellant.

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

Decided December 4, 2018.

The Surrogate properly granted the petition since the express terms of the subject will permitted a majority of the trustees to act collectively in selecting successor trustees (see Matter of Luckenbach, 303 N.Y. 491, 496 [1952]; see also Georgius v Village of Morrisville, 90 A.D.3d 1256 [3d Dept 2011]).

We have considered respondent's remaining arguments and find them...

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