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MATTER OF GRUN

46 A.D.2d 874 (1974)

In the Matter of the Supplemental Accounting of Rudolf Grun et al., as Executors of Justus Grun, Deceased Executor of Steven Van Wezel, Deceased. Eugene L. Bondy, as an Executor of Justus Grun, Deceased Executor of Steven Van Wezel, Deceased, et al., Appellants; Andre Van Praag et al., as Executors of Viviane E. Van Wezel, Deceased, et al., Respondents

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

December 12, 1974

Kupferman, J., dissents in the following memorandum:

The Surrogate's statement of the facts is accepted herein without cavil. Decedent died in 1945 without issue and survived by his wife. The assets were distributed by the executor by 1950. The widow died in 1968. Thereafter, in 1971, quite fortuitously, the sum of $114,680.37 was brought into the estate as a share of testamentary trust established by decedent's uncle and pursuant to the Surrogate's decree...

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