• Surrogate's Court, New York County
  • 85/3169/A
  • Apr 13 2017 (Date Decided)
  • Surrogate Mella
ESTATE OF SIMON A. GOLDBERG, Deceased (85/3169/A) — In the context of this proceeding by the executor of the will of Evelyn Goldberg to compel the account of the executor of and trustee under the will of Ms. Goldberg's spouse, Simon Goldberg ("decedent"), the parties reached an agreement which was memorialized in a written stipulation executed by the parties and their counsel on May 29, 2015. Pursuant to that stipulation, petitioner agreed to discontinue the proceeding in exchange for: 1) payment to him, in his fiduciary capacity, of a sum representing additional income payable to Ms. Goldberg's estate after respondent's account was settled by decree dated December 28, 1995, and 2) an account by respondent for that additional income received to the date of the stipulation. The stipulation also contemplated the execution of a release by petitioner upon receipt of the account and payment, and petitioner's waiver and consent to any formal or informal accounting in the Estate of Simon Goldberg. On the record on May 29, 2015, in response to the court's inquiry, petitioner indicated that he understood and was satisfied with the terms of the stipulation that had been described on the record. Petitioner was represented by counsel in court on May 29, 2015.

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