MATTER OF SIEGEL


29 A.D.2d 502 (1968)

In the Matter of The Estate of Jacob J. Siegel, Deceased. Benjamin Siegel et al., Individually and as Executors of Jacob J. Siegel, Deceased, Appellants; Laurence Rosenthal et al., as Special Guardians, et al., Respondents

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

April 15, 1968.


Attorney(s) appearing for the Case

Weiss & Kolish (Manuel Weiss of counsel), for appellants.

Laurence Rosenthal, special guardian, respondent in person.

Edward M. Cameron, Jr., special guardian, respondent in person.

BRENNAN, Acting P. J., RABIN and MUNDER, JJ., concur with HOPKINS, J.; BENJAMIN, J., dissents in part, with opinion.


HOPKINS, J.

The chief issue tendered by this appeal is whether the income beneficiaries of trusts established under the will of the testator are entitled to recoup, from principal, amounts equal to the estate's shares in the income of a partnership and a syndicate in which the estate has undivided shares (the subject income was retained by the partnership and by the syndicate for specific purposes). The Surrogate...

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