June 27, 2001
A full-time judge may serve as a trustee pursuant to a will executed prior
to January 1, 1974.
22 NYCRR 100.4(E)(1).
A full-time judge asks whether the judge may serve as a trustee pursuant to a will the judge drafted in 1971 when the judge was a practicing attorney.
Except in certain limited circumstances, a full-time judge may not serve
as a trustee or other fiduciary pursuant to an instrument executed after
January 1, 1974. 22 NYCRR 100.4(E)(1). Because the will designating the
judge as an alternate trustee was executed prior to January 1, 1974, this
prohibition does not apply. The inquiring judge may therefore serve as
a trustee under the will in question, provided, of course that such service
will not interfere with the performance of judicial duties.