Estate of GreenblattAnnotate this Case
Ada Greenblatt died testate and without issue. Ada’s will did not provide instructions on how to distribute her residuary estate, which consisted primarily of real property and personal property, including a mizrah - an ornamental religious print - valued at $100. Ada’s brother, Owen Greenblatt, who was designated as a personal representative of Ada’s estate, selected the mizrah. When the personal representatives petitioned the probate court for an order completing settlement of the estate, Mark Levine, a residuary beneficiary of the estate, opposed the petition, claiming that Owen breached his fiduciary duty to the estate by taking the mizrah. The court entered a judgment completing settlement of the estate, finding that the distribution of the personal property was not improper. The Supreme Court affirmed, holding that the distribution scheme and Owen’s selection of the mizrah was not an abuse of the personal representatives’ discretion, and thus did not violate the fiduciary duty of impartiality.