MATTER OF WEINSTEIN


25 A.D.2d 776 (1966)

In the Matter of The Estate of Benjamin Weinstein, Deceased. Herbert P. Sherman et al., Appellants; Judith W. Krull, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 18, 1966


Order, insofar as appealed from, reversed on the law, with one bill of costs to appellants jointly, payable by respondent Krull; and decree of January 4, 1961, insofar as vacated by the order appealed from, reinstated.

No questions of fact have been considered. In our opinion, where, as at bar, no rights of creditors intervene and the Surrogate is called upon to deal with a situation involving the jeopardy of an estate fiduciary on a question of self-dealing, the...

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