Legal Opinion
In re the Construction of the Will of Rosenthal
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 1954PublishedCited by 4 opinions
1Opinion of the CourtBotein, J.
Petitioner appeals from a decree of the Surrogate construing the will of her great-grandfather.
That will divided the residue of the testator’s estate into two equal parts, each to be held in trust for a term measured by two lives. It granted to petitioner’s father (testator’s grandson) the power to appoint by his own will the corpus of one of these trusts. In turn, by his will petitioner’s father appointed the entire principal of the trust to petitioner. The donor of this power of appointment died in 1938 and the donee in 1952. Petitioner’s interest in the principal of the trust has not…
2Cases cited10 opinions
- Williams v. . JonesNew York Court of Appeals · 1901
- Fargo v. . SquiersNew York Court of Appeals · 1897
- In Re the Appraisal Under the Transfer Tax Act of a Certain Trust Fund Held by HarbeckNew York Court of Appeals · 1900
- Farmers' Loan Trust Co. v. . KipNew York Court of Appeals · 1908
- Farmers' Loan Trust Co. v. . MortimerNew York Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Seidel v. WernerNew York Supreme Court · 1975
- In re the Estate of BarrettNew York Surrogate's Court · 1954
- In re WillCuyahoga County Probate Court · 1962
- In re the Construction of the Will of RosenthalNew York Court of Appeals · 1954