Estate of Greenberg v. Sugarman

JUDGE FRIEND

delivered the opinion of the court.

Under the last will and testament of Alex L. Green-berg, deceased, Allen H. Schultz and Ida Schultz, petitioners, and Nathan Sugarman, respondent, were named as co-executors. In December 1955 Allen H. Schultz and Louis L. Biro were employed by all the co-executors as their attorneys. Article fourteen of the will provided that “if at any time three persons shall be acting as co-executors and co-trustees hereunder, the determination of the majority of such co-executors and co-trustees shall control.”

In June of 1956 an order was entered in the…