Legal Opinion

In re the Accounting of Kellogg

New York Supreme Court

Decided November 28, 1962PublishedCited by 4 opinions

1Opinion of the CourtReid S. Mottle, J.

The Lochevan estate which was a part of the corpus of this trust has been sold for $260,000 pursuant to an order of this court. Now, we must decide who is entitled to the proceeds of this sale.

The trust agreement under which the estate was held was made in 1922 at Buffalo, New York. It provided that in the event *1065of the sale of the estate each of grantor’s seven children should receive one of seven equal parts and that in the event of the death of any child that “ then such equal part shall be paid over to the heirs of such child.”

Spencer Kellogg, Jr., who was one of the grantor’s seven…

2Cases cited6 opinions

  1. In Re the Accounting of Bankers Trust Co.New York Court of Appeals · 1937
  2. Eighth Avenue Coach Corp. v. City of New YorkNew York Court of Appeals · 1941
  3. In Re the Accounting of Bankers Trust Co.New York Court of Appeals · 1947
  4. In re the Will of CohnNew York Surrogate's Court · 1944
  5. Trowbridge v. First-Stamford National BankNew York Supreme Court · 1943

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re the Estate of KlosinskiNew York Surrogate's Court · 2002
  2. National City Bank v. FordCuyahoga County Common Pleas Court · 1973
  3. In re the Accounting by Fleet BankAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re the Accounting of Chemical Bank New York Trust Co.Appellate Division of the Supreme Court of the State of New York · 1967

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