Legal Opinion

People ex rel. Duncan v. Graves

Appellate Division of the Supreme Court of the State of New York

Decided July 11, 1939PublishedCited by 5 opinions

1Opinion of the CourtBliss, J.

The question here presented is whether the relators, as trustees of the testamentary trust under which the testator’s widow and son received specified annual payments, are entitled to deduct such payments in computing the taxable income of the trust.

George Fowler died on November 4, 1924, leaving a last will and testament which was probated in the Surrogate’s Court of Broome county. By its nineteenth paragraph he gave the entire residue of his estate to his executors and trustees, in trust for certain specified *553purposes, including the following: “ to collect the rents, issues, incomes and…

2Cases cited3 opinions

  1. Helvering v. ButterworthSupreme Court of the United States · 1933
  2. People Ex Rel. Mosbacher v. GravesNew York Court of Appeals · 1939
  3. People ex rel. Mosbacher v. GravesAppellate Division of the Supreme Court of the State of New York · 1938

3Cited by5 opinions

  1. In re the Bank of RichmondvilleAppellate Division of the Supreme Court of the State of New York · 1940
  2. In re HutsonAppellate Division of the Supreme Court of the State of New York · 1942
  3. In re the Estate of ClarkNew York Surrogate's Court · 1967
  4. Harte v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1954
  5. In re the Construction of the Will of SteinbergerNew York Surrogate's Court · 1958

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API