Legal Opinion
In re the Accounting by Fleet Bank
New York Court of Appeals
Decided March 13, 2008PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
In Matter of Best (66 NY2d 151 [1985]), this Court relied on strong policy considerations to conclude that a child adopted out of the family by strangers does not presumptively share in a class gift to the biological parent’s issue established in the biological grandmother’s 1973 testamentary trust. This appeal presents the same scenario, but with class gifts created by 1926 and 1963 irrevocable trusts. Despite the time difference, we conclude that the policy considerations that were determinative in Best equally determine the case before us, and that the…
2Cases cited8 opinions
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- Mercury Bay Boating Club Inc. v. San Diego Yacht ClubNew York Court of Appeals · 1990
- In re the Estate CordNew York Court of Appeals · 1983
- In re the Estate of BestNew York Court of Appeals · 1985
- In re Linda F. M.New York Court of Appeals · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re the Estate of WhiteAppellate Division of the Supreme Court of the State of New York · 2009
- Carlson v. ColangeloNew York Court of Appeals · 2025
- In re CampbellNew York Surrogate's Court · 2010
- In re SvenningsenAppellate Division of the Supreme Court of the State of New York · 2013
- Golden Gate Yacht Club v. Société Nautique de GenèveAppellate Division of the Supreme Court of the State of New York · 2008
5 more not listed; retrieve them via the Exa API.