Matter of Kinzler
Supreme Court of New York, Appellate Division
195 A.D.2d 464 (1993)
Pauline Kinzler’s will divided her estate into three equal shares for her daughters, Gloria Zweibon, Louise Kinzler, and Beatrice Hornstein. Beatrice’s share was to be placed in a trust, with the income paid to Beatrice and the remainder passing to her children. Pauline’s son-in-law Bertram Zweibon drafted the will and was the executor. Louise and Gloria were the cotrustees of the trust for Beatrice. The daughters were hostile to one another, which Bertram was aware of. After Pauline’s death, Bertram sold Pauline’s home to Louise. He also refused to pay estate income to Beatrice, and made a cash distribution of $50,000 to his wife, Gloria, from the proceeds of the house sale. Bertram also paid himself his own attorney fees out of the estate without court approval. Beatrice and her children (plaintiffs) brought suit against Bertram (defendant). The lower court held that Bertram’s sale of the house to Louise was tainted with a conflict of interest and self-dealing and that Bertram improperly paid himself his attorney fees without court approval, and the court limited the amount of attorney fees Bertram could receive. Bertram appealed.
Rule of Law
Holding and Reasoning (Memorandum)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 171,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.