MATTER OF RUDIN


292 A.D.2d 283 (2002)

739 N.Y.S.2d 154

In the Matter of the Accounting of JACK RUDIN et al., as Successor Trustees of EDWARD RUDIN, Deceased, Respondents. DONALD HEIMLICH, Appellant.

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

Decided March 26, 2002.


The estate of Edward Rudin was finally settled in 1973 upon entry of a decree following an accounting by the executors of his will, which will had, among other bequests, set up a trust in favor of one of Edward's sisters and executors, Lydia Heimlich, the objectant's mother, who died in 1992. In challenging the instant accounting of Lydia's trust, the objectant, by reason of res judicata, will not be heard to argue that certain assets that should have been used to fund that...

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