In re the Estate of Kaufman

Delehanty, S.

There is no contradiction of the direct testimony that Harry Kaufman specifically assented to the manner of investment of the fund provided by deceased for him. No matter how inadvisable the investment may have been, there is no one here entitled to complain of it, since the objecting creditors and assignees can hold no better status than their assignor or debtor, who makes no criticism of the transactions and who has not been called by any party to testify. The attempted surcharge of the trustees must fail, therefore.

Section 32 of the Personal Property Law governs the priority…