In re the Estate of Margolis

OPINION OF THE COURT

Alfred J. Weiner, S.

This is a proceeding commenced by petitioner, the income beneficiary under a trust, against respondent, the cotrustee, to compel payment of the 1999 trust income. The application is opposed by respondent.

The decedent, Adele Margolis, left a last will and testament dated November 4, 1987 which was admitted to probate on August 1,1995. Letters of trusteeship were issued to petitioner Milton Margolis and respondent Irene Suzanne Muller, who *601thereupon duly qualified and thereafter acted and are still acting as such cotrustees. Pursuant to Article third of…