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In re Freihofer

Surrogate’s Court, Albany County, New York
658 N.Y.S.2d 811 (1997)


A portion of Charles Freihofer's estate passed into a testamentary trust for the benefit of his sons, Andrew and Stephen Freihofer. Alan Steiner and two others were appointed executors of the estate, and Alan was appointed trustee of the testamentary trust. Freihofer Baking Company stock made up the majority of the trust assets. Andrew Freihofer signed a release of claim and a receipt, release and waiver discharging Alan Steiner. At the time the release was signed, Alan Steiner was the attorney for Andrew Freihofer and for the Freihofer Baking Company. Steiner was also the trustee and executor for trusts and wills of several Freihofer family members, and a member of the board of directors of Freihofer Baking Company. Andrew Freihofer (plaintiff) filed a petition to compel Alan Steiner (defendant), as trustee, to provide an accounting of the trust.

Rule of Law


Holding and Reasoning (Marinelli, J.)

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