In re the Estate of Danilchenko

Benjamin,!, (dissenting).

I respectfully dissent. In my view the opinion of my learned colleagues in supporting the court below is tantamount to a judicial repeal of SCPA 2218. The record does not support such-a result in contravention of the public policy of our State. Likewise is it in contravention of the law and the public policy of our State to hold that good faith alone, on the part of an executor, bars judicial intervention.

It is my further view that the determination of the executor herein that the total legacies should go to the Soviet legatees was an improvident and unreasonable…