Legal Opinion

In re the Estate of Swanton

New York Surrogate's Court

Decided March 24, 1967Published

1Opinion of the CourtEdward S. Silver, J.

This is a final accounting by a trustee, wherein it petitions the court to determine the nature of the gift to Cornelia Van Zandt Freed (hereinafter referred to as Cornelia), the remainderman named and designated as Mrs. John Freed, in subparagraph 6 of article Fourth of testatrix’ will, the nature of her remainder interest in the trust, and the validity and effect of an assignment executed by the said Cornelia to the respondent, trustees of the Masonic Hall and Asylum Fund.

By article Fourth of her will, testatrix bequeathed her residuary estate to petitioner to hold in trust during the life…

2Cases cited10 opinions

  1. In Re the Accounting of the United States Trust Co.New York Court of Appeals · 1933
  2. Connelly v. . O'BrienNew York Court of Appeals · 1901
  3. Fulton Trust Co. v. . PhillipsNew York Court of Appeals · 1916
  4. In re the Accounting of KroossNew York Court of Appeals · 1951
  5. Hersee v. . SimpsonNew York Court of Appeals · 1897

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