In re the Estate of Rothko

Millard L. Midonick, S.

The issue raised by this proceeding concerns the jurisdiction of the Surrogate’s Court. The petition in this proceeding is to revoke letters testamentary, to enjoin the disposition of particular estate assets, to require an accounting for profits procured from the sale of certain assets and to rescind agreements for the sale of assets. The proceeding was initially instituted by the guardian of an infant daughter of the testator. This daughter has now attained tiaajority and the proceeding is being continued by the former infant. An infant son has also been joined.

The…