Legal Opinion

In re the Estate of Potter

New York Surrogate's Court

Decided December 18, 1939PublishedCited by 2 opinions

1Opinion of the Court

Foley, S.

A construction of the will is sought in this trustees’ accounting. The trustees have also asked instructions as to the allocation of a dividend between principal and income. The special guardian representing infants having a possible interest in the remainder of the trust has filed objections to the account. The objections relate to the proper construction of the will.

The testatrix died on October 26, 1907, leaving a will executed on August 19, 1907. By the fifth paragraph of her will she created a trust to continue during the life or until the marriage of her sister, Blanche. She…

2Cases cited7 opinions

  1. In Re the Accounting of BuechnerNew York Court of Appeals · 1919
  2. In Re the Accounting of MullerNew York Court of Appeals · 1929
  3. In re the Final Accounting of Citizens Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
  4. Matter of Citizens Trust Company of SchenectadyNew York Court of Appeals · 1938
  5. In re the Estate of FriendNew York Surrogate's Court · 1937

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

3Cited by2 opinions

  1. Old National Bank & Union Trust Co. v. HughesWashington Supreme Court · 1943
  2. In re the Judicial Settlement of the Intermediate Account of Proceedings of Potter & Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941

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