Matter of Remillard

[*1] Matter of Remillard 2007 NY Slip Op 51328(U) [16 Misc 3d 1107(A)] Decided on July 9, 2007 Sur Ct, Sullivan County LaBuda, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 9, 2007
Sur Ct, Sullivan County

In the Matter of the Estate of M. Genevieve Remillard, aka Margaret Genevieve Remillard, Deceased,



2006-170



APPEARANCES:

Cooke & Davis

P.O. Box 14440

Monticello, NY 12701

By: Edward M. Cooke, Esq., of counsel

Attorney for Estate

Mary Lynn Hull

13 Center Street

Port Jervis, NY 12771

Co-Administratrix, CTA

Jaime Remillard Eaddy

20 Knight Road

Glen Spey, NY 12737

Co-Administratrix, CTA

Frank J. LaBuda, J.

This matter comes on by motion of Edward M. Cooke, Esq. to be relieved as attorney for the Estate of M. Genevieve Remillard and for attorneys fees.

A hearing was held at the Sullivan County Courthouse on June 14, 2007.

Attorney Cooke testified that he can not get any cooperation from either appointed Co-Administratices regarding the information and steps necessary to perfect the within estate. In addition, he states that it appears that estate monies were used by both Co-Administratices for unauthorized purposes.

Co-Administratrix Mary Lynn Hull testified. She admitted to being lax and uncooperative to Attorney Cooke. She also admitted to the unauthorized personal use of $4000.00 of estate funds.

Co-Administratrix Jaime Remillard Eaddy testified. She [*2]admitted to being lax and uncooperative to Attorney Cooke. She also admitted to the unauthorized use of $16,000.00 of estate funds, though she claims that she repaid same.

Both Co-Administratices consent to Attorney Cooke being relieved at estate attorney and for his legal fees to be paid.

Attorney Cooke's affirmation and his testimony show legal fees owed in the amount of $3,500.00 and disbursements of $166.66.

Based upon the motion and supporting papers herein and the testimony of Edward Cooke, Esq., Mary Lynn Hull, Co-Administratrix, CTA and Jaime Remillard Eaddy, Co-Administratrix, CTA, and after due deliberation had herein, it is

ORDERED, that Edward M. Cooke, Esq. is herein and hereby relieved as attorney for the Estate of M. Genevieve Remillard, and it is further

ORDERED, that the estate shall pay Edward M. Cooke, Esq. legal fees in the amount of $3,500.00 and disbursements in the amount of $166.66 forthwith, and it is further

ORDERED, that both Co-Administratices Mary Lynn Hull and Jaime Remillard Eaddy are removed as Administratices and letters approved to each are revoked forthwith, and it is further

ORDERED, that both Co-Administratices Mary Lynn Hull and Jaime Remillard Eaddy shall file an accounting within twenty (20) from services by mail of this Decision and Order that both Co-Administratices Mary Lynn Hull and Jaime Remillard Eaddy, and it is further

ORDERED, that a copy of this Decision and Order shall be filed with the Sullivan County District Attorney for investigation into the unauthorized misuse of estate funds.

This shall constitute the Decision and Order of this Court.

DATED: July 9, 2007

Monticello, NY

__________________________________Hon. Frank J. LaBuda

Sullivan County Court Judge

and Surrogate