Ejectment Action by Foreign Trust

The successor trustee of a New York trust created by New York residents was entitled to a writ of possession for real estate transferred to the trust by the settlors during their lifetimes when the daughter of the settlors who was in possession of the property had no lease and no right of occupancy under the trust document, even though she had occupied the property with the consent of the settlors during their lifetimes. The validity and interpretation of the trust, and whether the costs of maintaining the property while it was occupied by the daughter following the deaths of the settlors should be paid from the daughter’s share of the trust, were issues to be decided by New York Courts under New York law. Grief, Trustee v. Cambria, 1 Fid.Rep.4th 234 (Monroe O.C. 2023).

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