MATTER OF BROSS


167 Misc.2d 37 (1995)

636 N.Y.S.2d 987

In the Matter of The Estate of Jack Bross, Deceased.

Surrogate's Court, New York County.

December 21, 1995


Attorney(s) appearing for the Case

Joseph M. Midler, White Plains, for Richard Bross, petitioner. Bosco & Penzel, New Rochelle, for Jessica Rosner, respondent. Robinson Brog Leinwand Reich Genovese & Gluck, P. C., New York City, for trustee.


RENEE R. ROTH, S.

The issue in this contested application for invasion of the corpus of a testamentary trust (EPTL 7-1.6 [b]) is whether a remainderman, who is alleged to be a creditor, is entitled to be reimbursed for nursing home expenses he advanced on behalf of the income beneficiary.

Testator, Jack Bross, died on August 29, 1974 leaving a will under which he created the trust at issue for the life...

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