In re Application of Mckay

Order, Supreme Court, New York County (Ira Gammerman, J.), entered April 23, 1997, which granted respondents' motions for partial summary judgment dismissing certain amended objections to the trustees' amended account, denied said motions insofar as they sought dismissal of objections relating to matters allegedly disposed of in a 1965 settlement, and construed the will as requiring the trustees to make a 20% distribution of trust assets to the testator's son, unanimously modified, on the law, to the extent of requiring a 50% distribution to the testator's son, and otherwise affirmed, without costs. The motion court correctly found that petitioners had failed to demonstrate that the trustees had either acted imprudently or failed to act impartially.