In re the Estate of Petroff

George Frankenthaler, S.

Petitioners and the special guardian in this final accounting proceeding seek a determination of the validity of the assignment by two beneficiaries of their interests in this estate to Dimitar Petroff, an executor *319and a brother of decedent, because of the fiduciary position of the assignee and the foreign residence of the assignors. The proof at the hearing establishes that these assignments by testator’s sister and brother, to their brother Dimitar, were fair, open and voluntary. The executor acted in good faith; the assignors, who are not objecting, were informed as…