New York Court of Appeals October 18, 2007 (In Re Estate of Wallens)

OPINION OF THE COURT

Per Curiam.

In this proceeding seeking judicial settlement of accounts of a cotrustee, we conclude that an issue of fact exists concerning whether the cotrustee breached his fiduciary duty to the trust beneficiary. Accordingly, we direct Surrogate’s Court to conduct an evidentiary hearing on this matter.