Hein v. Hein

Respondent Herbert Hein, trustee, appeals as of right an order denying his petition to set aside a judgment terminating the trust of which he was trustee and a residual beneficiary. We affirm.

The trust in question was an irrevocable spendthrift trust. The settlors and lifetime beneficiaries were Edmund and Else Hein, and the residual beneficiaries were their children. Respondent, the settlors’ son, was both the trustee and a residual beneficiary of the trust. All the concerned parties are living, and none are incapacitated.

Edmund Hein petitioned to terminate the trust, delete specific…