From Casetext: Smarter Legal Research

Trask v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1979
72 A.D.2d 549 (N.Y. App. Div. 1979)

Opinion

October 9, 1979


In an action, inter alia, to recover upon certain debts allegedly owed to the estate of Jacob Cohen, plaintiff appeals from an order of the Supreme Court, Nassau County, entered December 12, 1978, which, inter alia, transferred the action to the Surrogate's Court, Kings County. Order affirmed, with $50 costs and disbursements. Although the Surrogate's Court does not generally have jurisdiction over inter vivos trusts, the trust in question is so intimately connected with the estate of Jacob Cohen that the dispute "affects the administration" of the estate (see CPLR 325, subd [e]). The res consists of fractional interests in businesses which the decedent owned in part at the time of his death. The estate's interests in those businesses were subsequently sold with the approval of the Surrogate but payment was secured by the interests themselves. Further, the parties to the dispute are also coexecutors of the estate (see Matter of Koehler, 134 Misc. 532). Damiani, J.P., O'Connor, Lazer and Margett, JJ., concur.


Summaries of

Trask v. Cohen

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1979
72 A.D.2d 549 (N.Y. App. Div. 1979)
Case details for

Trask v. Cohen

Case Details

Full title:ADA T. TRASK, Appellant, v. SAMUEL COHEN et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 9, 1979

Citations

72 A.D.2d 549 (N.Y. App. Div. 1979)

Citing Cases

Collins v. Mfrs. Hanover Trust

For example, here the interests of the residuary legatees, the elder Mr. Collins' 18 grandchildren, can be…

Benjamin v. Morgan Guar. Tr. Co. of New York

ible, all litigation involving the property and funds of a decedent's estate should be disposed of in…