Legal Opinion
In re the Construction of the Will of Flyer
New York Court of Appeals
Decided January 23, 1969PublishedCited by 23 opinions
1Opinion of the Court
Chief Judge Fuld.
In this proceeding to construe a will, we are presented with the question whether a trustee, vested with sole and absolute discretion to invade the principal of the trust for the support of the life beneficiary, may take the latter’s private resources into account before deciding to effect an invasion.
The testator, Jacob Flyer, died in August of 1964. He was survived by three daughters of a deceased first wife and by a second spouse, Elsie, whom he had married in 1945. In 1960, the latter suffered a severe stroke which left her a hopeless and incurable invalid. Soon…
2Cases cited7 opinions
- In Re the Accounting of the Manufacturers National Bank of TroyNew York Court of Appeals · 1936
- Holden v. . StrongNew York Court of Appeals · 1889
- Rezzemini v. . BrooksNew York Court of Appeals · 1923
- In re the Accounting of KeyserlingNew York Court of Appeals · 1954
- In Re the Accounting of First Trust & Deposit Co.New York Court of Appeals · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Caldwell v. Hanes (In Re Hanes)United States Bankruptcy Court, E.D. Virginia · 1997
- In re the Estate of BellowsAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Estate of LeporeNew York Surrogate's Court · 1985
- In re the Estate of StillmanNew York Surrogate's Court · 1980
- Estate of Ludwig Neugass, Deceased, Herbert Marx, Jacques Coe, Jr., and Chase Manhattan Bank, N. A., Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1977
18 more not listed; retrieve them via the Exa API.