IN RE KREISS

Bankruptcy No. 884-40638-18, Adv. No. 885-0173-18.

72 B.R. 933 (1987)

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, Howard Kreiss, Intervenor.

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

April 30, 1987.


Attorney(s) appearing for the Case

Gabriel S. Schwartz, Hahn & Hessen, New York City, for Trustee, Philip R. Mann.

Martin F. Brecker, Certilman Haft Lebow Balin Buckley & Kremer, New York City, for debtors.

Howard S. Dorris, Jericho, N.Y., for Howard Kreiss, intervenor.


DECISION

C. ALBERT PARENTE, Bankruptcy Judge.

The plaintiff/trustee in the above-captioned proceeding brings this action to recover property pursuant to §§ 541 and 542 of the Bankruptcy Code, contending that two testamentary trusts established in accordance with the will and codicils of Jack Kreiss, the debtor's father, constitute property of the estate.

FINDINGS OF FACT

A trial was held on September 17, 18, 19, 24, 25, and October...

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