Legal Opinion
In re the Estate of Surut
New York Surrogate's Court
Decided December 7, 1988PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Renee R. Roth, S.
This application by the income beneficiary of a 1923 testamentary trust requests the court to permit the trustee to *1006invade principal to pay her nursing home expenses (EPTL 7-1.6).
Although the presumptive remainderman of the trust consents, the application is opposed by the trustee on the ground that it defeats the intention of the testator and that the consent of the beneficiary was coerced by the Department of Social Services of Nassau County.
The law is now well settled that when a trustee is authorized by the governing instrument to invade principal for…
2Cases cited5 opinions
- In re the Estate of EscherNew York Surrogate's Court · 1978
- In re GrossNew York Court of Appeals · 1981
- Maul v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Estate of DamonAppellate Division of the Supreme Court of the State of New York · 1979
- In re the Estate of BissellNew York Surrogate's Court · 1968
3Cited by4 opinions
- Tutino v. PeralesAppellate Division of the Supreme Court of the State of New York · 1990
- Frey v. O'ReaganAppellate Division of the Supreme Court of the State of New York · 1995
- In re the Conservatorship of GarbowNew York Surrogate's Court · 1992
- In re the Estate of DruckNew York Surrogate's Court · 2005