Legal Opinion

In re Jastrzebski

Appellate Division of the Supreme Court of the State of New York

Decided July 25, 2012Published

1Opinion of the Court

On April 22, 2005, the decedent, Jean Jastrzebski (hereinafter the decedent), and her husband, Kenneth Jastrzebski, died in an automobile accident. The decedent was survived by her three adult sons (hereinafter the appellants). Her will provided, inter alia, for her residuary estate to be distributed into an inter vivos trust (hereinafter the trust) which she created for the appellants’ benefit. She appointed her brother, James E Flynn (hereinafter James), as the executor of the estate and cotrustee, with Kenneth Jastrzebski, of a related trust.

The assets of the decedent’s estate included a…

2Cases cited8 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Birnbaum v. BirnbaumNew York Court of Appeals · 1989
  4. O 'Hayer v. Honore de St. AubinAppellate Division of the Supreme Court of the State of New York · 1968
  5. Bauer v. BauernschmidtAppellate Division of the Supreme Court of the State of New York · 1992

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