In re the Estate of Palitz

S. Samuel Di Falco, S.

The present controversy in this estate is over the precise fractional interest of the widow’s trust in the whole estate. It has been decisively settled that the trust created for her “ is a fractional trust which shares proportionately in appreciation or depreciation of assets of the estate between the death of the decedent and the funding of the trust.” (Silverman-, S., Official Decisions, 1968, vol. 4, p. 1773, affd. on the opinion of Judge Silverman", 32 A D 2d 905, affd. 27 N Y 2d 540.) The widow and her two sons (who are the three executors) differ widely in stating…