In re the Estate of Grifenhagen

Foley, S.

Various issues are presented for determination in this contested accounting proceeding.(1) The principal question involves the right of the executors and trustees to set off a liability due the estate from certain beneficiaries, against the legacies given them under the exercise of a power of appointment. In the prior accounting of the fiduciaries, determination was made by me that Benjamin W. Grifenhagen, a life tenant of one of the trusts, had diverted to himself certain moneys of the estate. (Matter of Grifenhagen, 168 Misc. 568.) He had executed a demand note for the total amount…