Birnbaum v. Birnbaum

Order and judgment unanimously affirmed with costs to petitioners Flaum and Central Trust Company. Memorandum: Petitioners, as temporary coadministrators of the Estate of Bernard P. Birnbaum (the Estate), appeal from that portion of an order and decision of the Surrogate that awarded the Estate a 25% interest in two partnerships and directed a dissolution of those partnerships and liquidation of the Estate’s interest therein. The Estate contends that the Surrogate erred in applying partnership principles to this constructive trust proceeding by limiting the value of the partnership interests…