Legal Opinion
In re the Construction of the Will of Lachlan
New York Surrogate's Court
Decided January 27, 1959PublishedCited by 3 opinions
1Opinion of the Court
Edgab F. Hazleton, S.
The Chase Manhattan Bank as trustee under an inter vivos trust dated September 28, 1948 executed by the decedent moved to dismiss a joint petition herein by the executor and by the sole legatee under the decedent’s will for a construction of said will. The motion to dismiss is grounded on the premise that the construction proceeding involves, in part, the construction of an inter vivos trust and, to that extent, this court lacks jurisdiction of the subject matter under the doctrine enunciated in Matter of Lyon (266 N. Y. 219) and Matter of Crosby (136 Misc. 688). Bruce S.…
2Cases cited8 opinions
- Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
- Matter of LyonNew York Court of Appeals · 1935
- In re the Estate of CrosbyNew York Surrogate's Court · 1930
- In re the Construction of the Will of SladeNew York Surrogate's Court · 1956
- In re Accounting of First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1946
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3Cited by3 opinions
- In re the Estate of ZalaznickNew York Surrogate's Court · 1975
- In re the Construction of the Will of LachlanAppellate Division of the Supreme Court of the State of New York · 1959
- In re the Final Accounting of Morgan Guaranty Trust Co.New York Court of Appeals · 1971