Seidel v. Werner

These are cross motions for summary judgment, pursuant to CPLR 3212, on the counterclaims and cross claims asserted by certain defendants in this action regarding the disposition of a share in the remainder of a trust fund.

Plaintiffs, trustees of a trust established in 1919 by Abraham L. Werner, sue for a declaratory judgment to determine who is entitled to one half of the principal of the trust fund— the share in which Steven L. Werner, decedent (hereinafter "Steven”), was the life beneficiary and over which he had a testamentary power of appointment. The dispute concerns the manner in which…