Wernick v. Macks

Petitioners-appellants and cross-appellees, Garson Wernick, executor of the estate of E. Davis Wernick, deceased, and Samuel S. Wernick, son of the decedent and beneficiary under his will (petitioners), brought proceedings in probate court in 1979 against respondentappellee and cross-appellant, Mitchell Macks (Macks), to recover from Macks either the decedent’s interest in two parcels of real property jointly held in a land trust with Macks or fair and adequate consideration for the decedent’s interest in those properties. After protracted litigation, including a previous appeal to this court…