In Matter of Fensterer's Estate (79 NYS2d 427 [Sur Ct Bronx County [1948]), the issue again was the propriety of a lawsuit and the court cited Joost for the principle that in seeking and acting on advice of counsel, a trustee can be protected from charges of bad faith and negligence. The court went to the merits of the underlying action complained of to note "that any litigation brought by the executor depending upon such evidence (decedent's ownership interest in a corporation) would not have been successful" (79 N.Y.S.2d at 431).