In re the Estate of Bernstein

Millard L. Midonick, S.

In this accounting proceeding, the executors have moved to dismiss the objections of Rose Fraenkel, a legatee of $5,000 and an income beneficiary of a preresiduary trust of one million dollars under article sixth of the decedent’s will.

The primary objection relates to income payable out of the estate to the trust’s income beneficiaries, including the objectant, during the period from December 2, 1974, the date of decedent’s death, to April 2, 1976, the date of the complete funding of the trust principal. Schedule K of the accounting states that income was payable out of…