Legal Opinion

In re the Estate of Tuck

New York Surrogate's Court

Decided November 13, 1937PublishedCited by 5 opinions

1Opinion of the Court

Foley, S.

A preliminary question of construction in this accounting proceeding has been determined by the surrogate. (Matter of Tuck, 165 Misc. 346.) There remains for disposition the determination as to who is entitled to certain income of the residuary trust.

The pertinent paragraphs of the will provide as follows:

“ Seventh. All the rest and residue of my property of every kind and description, real, personal and mixed, now owned by me or that may be owned by me at the time of my death, I give to my said Trustees in trust, to receive the rents, income and profits thereof until the death of…

2Cases cited9 opinions

  1. In Re the Will of HornerNew York Court of Appeals · 1924
  2. Phelps' v. . PondNew York Court of Appeals · 1861
  3. Cammann v. . BaileyNew York Court of Appeals · 1913
  4. Hatch v. . BassettNew York Court of Appeals · 1873
  5. Central Union Trust Co. v. TrimbleNew York Court of Appeals · 1930

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In re the Accounting of deVaronaAppellate Division of the Supreme Court of the State of New York · 1948
  2. Porter v. duPontCourt of Chancery of Delaware · 1963
  3. In re the Estate of SuggNew York Surrogate's Court · 2015
  4. In re the Estate of WeinsteinNew York Surrogate's Court · 1940
  5. In re the Estate of JacobsonNew York Surrogate's Court · 1962

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