Submitted October 26, 2000.
November 28, 2000.
In a proceeding for judicial settlement of an estate and an estate trust, the petitioner Peter R. Epstein appeals from an order of the Surrogate's Court, Queens County (Nahman, S.), dated August 4, 1999, which denied his motion for partial summary judgment dismissing objections to his account as executor and trustee.
Manton, Sweeney, Gallo, Reich Bolz, LLP, Rego Park, N Y (Gerard J. Sweeney and John W. Steigler of counsel), for appellant.
Gallet Dreyer Berkey, LLP, New York, N.Y. (Seymour D. Reich and Carole M. Bass of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, SONDRA MILLER, SANDRA J. FEUERSTEIN, JJ.
ORDERED that the order is affirmed, with costs.
Contrary to the petitioner's contention, the respondent Sonia Mauthner had standing to object to the accountings filed by the petitioner, since she was a contingent remainderman with an interest subject to a condition precedent (see, Benjamin v. Morgan Guar. Trust Co. of N.Y., 163 A.D.2d 135; Matter of Morse, 177 Misc.2d 43; see also, Matter of Webb's Estate, 194 App. Div. 915). Moreover, the determination as to whether a fiduciary's conduct measures up to the appropriate standards of prudence, vigilance, and care is generally an issue to be determined by the trier of fact (see, Matter of Donner, 82 N.Y.2d 574; Matter of Hubbell, 302 N.Y. 246; Matter of Janes, 223 A.D.2d 20; Matter of Yarm, 119 A.D.2d 754).
In light of these findings, the petitioner's remaining contentions need not be addressed.