Legal Opinion
In re the Accounting of Luckenbach
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1943No. Appeal No. 1PublishedCited by 3 opinions
1Opinion of the CourtAdel, J.
Lewis Luckenbach, deceased (hereinafter referred to as “ grandfather ”), by his will appointed Edgar F. Luckenbach (hereinafter referred to as 11 father ”) trustee of certain property. The father served as trustee from 1908 until his death on April 26, 1943, following which, by the decree under review, the Surrogate appointed a successor trustee.
The appellants (the father’s executor and one of the remaindermen) challenge the appointment on the grounds of lack of *277power and lack of necessity, contending that the trust terminated or became “ fully executed ” upon the death of the father.
The…
2Cases cited10 opinions
- In Re the Accounting of BeeckmanNew York Court of Appeals · 1930
- In re the Estate of FinckNew York Surrogate's Court · 1918
- In re the Estate of HarbeckNew York Surrogate's Court · 1931
- In re the Estate of MeehanNew York Surrogate's Court · 1918
- Farmers' Loan & Trust Co. v. PendletonAppellate Division of the Supreme Court of the State of New York · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Estate of AstorNew York Surrogate's Court · 1956
- In re the Accounting of RothenbergNew York Surrogate's Court · 1951
- In re the Appointment of a Successor Trustee of the Trust under the Will of PhippsAppellate Division of the Supreme Court of the State of New York · 1955