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IN RE KREISS

No. 85 CV 3983.

58 B.R. 999 (1986)

In re Donald KREISS and Randi Kreiss, Debtors. Philip R. MANN, as Chapter 7 Trustee of Donald Kreiss and Randi Kreiss, Plaintiff, v. Donald KREISS (individually and in his capacities as Executor and Testamentary Trustee under the Will of Jack Kreiss, deceased), Robert Morris (individually and in his capacities as Executor and Testamentary Trustee under the Will of Jack Kreiss, deceased), and Ira Berliner (individually and in his capacity as Testamentary Trustee under the Will of Jack Kreiss, deceased), Defendants.

United States District Court, E.D. New York.

March 17, 1986.

Attorney(s) appearing for the Case

Gabriel Schwartz, Hahn & Hessen, New York City, for plaintiff.

Martin F. Brecker, Wofsey, Certilman, Haft, Lebow & Balin, New York City, for defendants.

OPINION AND ORDER

KORMAN, District Judge.

Jack Kreiss died on May 24, 1984, of cancer and heart disease. On April 10, 1984, less than eight weeks prior to his death, he executed a second codicil ("Second Codicil") to his last will and testament. The Second Codicil revoked a 50% outright bequest to Mr. Kreiss' son Donald under the will, and substituted a discretionary trust which named the defendants Morris and Berliner...

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