Legal Opinion
In re Gardiner
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1985PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
O’Connor, J.
These appeals are concerned with the right of respondent Olney Mairs Gardiner to inherit the corpus of a testamentary trust created by the will of Jonathan T. Gardiner, despite the restrictions imposed on such inheritance by a statutory provision known as the "precautionary addendum”. The trust contains approximately $2,985,000 in principal and income, including real estate valued in excess of $2,931,000 in 1982, at least one parcel of which, apparently, has been owned by a member of the Gardiner family since 1638 pursuant to a land grant made by King Charles I…
2Cases cited28 opinions
- In re the Construction of the Will of UpjohnNew York Court of Appeals · 1952
- In Re the Appraisal, Under the Transfer Tax Act, of the Estate of CookNew York Court of Appeals · 1907
- Carpenter v. . Buffalo General Electric Co.New York Court of Appeals · 1914
- In re the Estate of BestNew York Court of Appeals · 1985
- In Re the Estate of WalterNew York Court of Appeals · 1936
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3Cited by4 opinions
- Hochberg v. ProctorMassachusetts Supreme Judicial Court · 2004
- In re the Accounting by Fleet BankAppellate Division of the Supreme Court of the State of New York · 2007
- In re GardinerNew York Court of Appeals · 1986
- In re the Estate of GansNew York Surrogate's Court · 1986