Opinion
November 16, 1998
Appeal from the Surrogate's Court, Westchester County (Emanuelli, S.).
Ordered that the order dated November 19, 1997, is affirmed insofar as appealed from; and it is further,
Ordered that the order dated November 20, 1997, is affirmed; and it is further,
Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.
Ronald Winston's contention that the Surrogate erred in failing to effectuate the intention of the decedent Harry Winston by refusing to order Bankers Trust Company of New York and Gerald J. Schultz, co-trustees with Ronald Winston of the marital trust created under the will of the decedent, to accept his offer to purchase the trust assets is precluded by the doctrine of collateral estoppel. The issues concerning the power of Ronald Winston to override the co-trustees' decision to reject the offer and the testamentary intent of Harry Winston were determined by the Surrogate in a prior proceeding to which Ronald Winston was a party ( see, Matter of Winston, 167 Misc.2d 295, affd 222 A.D.2d 596). Since Ronald Winston had a full and fair opportunity to litigate those issues, he cannot now demand a second one ( see, Schwartz v. Public Adm'r of County of Bronx, 24 N.Y.2d 65).
With respect to Ronald Winston's remaining contentions, he either lacks standing to raise them or they are without merit.
O'Brien, J. P., Sullivan, Krausman and Florio, JJ., concur.