In re the Estate of Chadrjian

In a contested accounting proceeding, the objectants appeal from an order of the Surrogate’s Court, Nassau County (Riordan, S.), dated September 30, 2003, which granted the petitioner’s motion, in effect, for advice and direction pursuant to SCFA 2107, directing the co-trustees under the will of Jack Chadrjian to distribute the trust income without any reduction for depreciation pursuant to 26 USC § 754.

Ordered that the order is affirmed, with costs.

The will at issue in this case specifically directed the trustees of the qualified terminable interest property trust created under the will “to…