Order unanimously affirmed with costs.
Memorandum:
Surrogate's Court properly dismissed the cross petition of respondent seeking an order directing petitioners to adhere to the terms of decedent's will in distributing the income from the Evans-Devereux Memorial Fund, a charitable trust created by Article Eleventh of the will. Respondent, decedent's grandson and a person in whose honor the trust was created, lacks standing to challenge petitioners' administration of the trust ( see generally, Alco Gravure, Inc. v. Knapp Found., 64 N.Y.2d 458, 465-466; Matter of James, 22 Misc.2d 1062, 1067-1068). Rather, standing to enforce the trust or challenge petitioners' administration of it is restricted to the Attorney-General ( see, EPTL 8-1.1 [f]; 8-1.4; Matter of May, 213 A.D.2d 838, 839-840, lv dismissed 85 N.Y.2d 1032; Matter of De Long, 169 A.D.2d 1005, 1006, lv denied 77 N.Y.2d 809).
Comments