In re the Estate of Bross

OPINION OF THE COURT

Renee R. Roth, S.

The issue in this contested application for invasion of the corpus of a testamentary trust (EPTL 7-1.6 [b]) is whether a remainderman, who is alleged to be a creditor, is entitled to be reimbursed for nursing home expenses he advanced on behalf of the income beneficiary.

Testator, Jack Bross, died on August 29, 1974 leaving a will under which he created the trust at issue for the life income benefit of his wife Sylvia with remainder to their children, Jessica Rosner and Richard Bross. Under the instrument, the trustee was directed to pay for the comfort and…