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MATTER OF ALPERT

37 A.D.3d 187 (2007)

829 N.Y.S.2d 476

In the Matter of the Estate of HYMAN ALPERT, Deceased. JACK L. ALPERT, as Executor of WILLIAM ALPERT, Deceased Executor and Trustee of HYMAN ALPERT, Deceased, et al., Respondents; GAIL ALPERT KRAMER et al., Appellants. In the Matter of the Existence of an Express Trust Created by ZUSMAN ALPERT, Settlor. EVERETT ALPERT, Individually and as Executor of NETTIE ALPERT, Deceased, et al., Appellants; JACK L. ALPERT et al., Respondents.

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

Decided February 6, 2007.

Zusman Alpert started in textiles and later bought real estate. Sons Leon, Hyman and David participated in the textile business. Sons William, Abraham and Jack became lawyers and invested in real estate. Over time, the textile business ebbed and the value of the real estate assets grew to hundreds of millions of dollars. Relying, inter alia, on a July 1942 writing signed by all the brothers except David, and later allegedly corroborating documents and conduct, appellants...

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